IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 24011 of 2008(H) -------------------------- PETITIONER: ------------ T.C.AJITHKUMAR, S/O.N.V.CHITHAMBARAN, THATTARETTU HOUSE, MALAKARA PO., ARANMULA PATHANAMTHITTA (MUSIC TEACHER, AMM HIGHER SECONDARY SCHOOL, EDAYARANMULA, PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA 4. MANAGER, ABRAHAM MARTHOMA MEMORIAL(AMM) HIGHER SECONDARY SCHOOL, EDAYARANMULA PO, PATHANAMTHITTA. 5. DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 6. K.OMANAMMA, NEEDLEWORK TREACHER, GOVT.H.S.KOODAL. BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.24011 of 2008 H -------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to respondents 4 and 6. Government Pleader takes notice for other respondents. 2. The reliefs prayed for in the Writ Petition are the following:- “i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P8 order passed by respondent No.2; ii) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P3 staff fixation order to the extent of abolishing the post of music teacher in ANM Higher Secondary School, Edayaranmula; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on Exts.P10 WP(C) No.24011/2008 2 and P10(a) revision petition and application for stay submitted by the petitioner with notice and opportunity of hearing within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iv) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 3. Challenging Ext.P8 order dated 7.7.2008 passed by the Director of Public Instruction, the petitioner has filed Ext.P10 revision dated 20.7.2008 before the Government. Along with Ext.P10 revision, Ext.P10(a) application for stay was also filed by the petitioner. No orders have been passed by the Government either on Ext.P10 revision or on Ext.P10(a) stay petition. 4. Since Ext.P8 order is under challenge in Ext.P10 revision, I do not think it is proper to entertain the Writ Petition to grant the reliefs prayed for in reliefs (i) and (ii). However, in so far as relief (iii) is concerned, I think a direction can be issued to the first respondent to dispose of Ext.P10 revision and Ext.P10(a) stay petition expeditiously. WP(C) No.24011/2008 3 The Writ Petition is disposed of with the following directions:- (1) The first respondent shall consider Ext.P10 revision and Ext.P10(a) stay petition and dispose of the revision and/or pass orders in the stay petition expeditiously. (2) Ext.P10 revision shall be disposed of within a period of three months. (3) The first respondent shall consider the request for stay as per Ext.P10(a) as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of the judgment. (4) The first respondent shall afford an opportunity of being heard to the petitioner, the fourth respondent, the Manager, and the sixth respondent Smt. Omanamma before disposing of Ext.P10 revision. (5) The petitioner shall send a copy of the judgment to respondents 4 and 6 separately, by registered post and shall produce proof of the same before the first respondent within two weeks. (6) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. WP(C) No.24011/2008 4 (7) It is made clear that I have not expressed any opinion on the merits of the revision or stay petition. K.T. SANKARAN, JUDGE. cks