IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 30717 of 2010(L) -------------------------- PETITIONER(S): --------------- SUJATHA S., W/O.P.M.VISWANATHAN, AGED 49 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), MOOTHEDATH HIGH SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR - 670 003. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O.KANNUR - 670 003. 5. THE HEADMISTRESS, MOOTHEDATH HIGH SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT - 670 641. 6. THE MANAGER, MOOTHEDATH HIGH SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT - 670 641. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30717 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The petitioner was appointed as High School Assistant (Physical Science) with effect from 31.7.1987 in Moothedath High School of which the sixth respondent is the Manager. The appointment of the petitioner was approved only with effect from 1.9.1987. It is stated that the petitioner was offering her service since 31.7.1987 without interruption. The petitioner states that she was on the roll from the beginning of the academic year with effect from 1.6.1988. The District Educational Officer observed that the petitioner had not offered her service on 31.3.1988. According to the petitioner, she could not mark her attendance on that day. The petitioner availed maternity leave from 8.8.1988 to 5.11.1988 and it was sanctioned. The petitioner completed her probation, counting the period of her maternity leave. 2. The Deputy Director of Education raised Exhibit P4 WPC No.30717/2010 2 objection stating that the petitioner is eligible for her first increment only from 1.7.1989. It is also stated that the salary of the petitioner is to be revised. Challenging Exhibit P4, the petitioner submitted Exhibit P5 appeal before the Director of Public Instruction. Exhibit P5 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following : “(i) call for the records relating to Exhibit P4 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the second respondent Director of Public Instruction to effectively consider and pass appropriate orders upon Exhibit P5 after affording an opportunity of being heard to the petitioner within a time limit, keeping in abeyance including recovery pursuant to Exhibit P4. WPC No.30717/2010 3 (iii) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied if relief No. (ii) is granted. Accordingly, the Writ Petition is disposed of as follows : (a) The Director of Public Instruction shall consider and dispose of Exhibit P5 appeal dated 18.8.2010, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Headmistress and the Manager. (b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. WPC No.30717/2010 4 (c) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to respondents 5 and 6 by registered post and she shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN JUDGE csl