IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17536 of 2009(I) -------------------------- PETITIONER(S): --------------- K.A.HASSAN, S/O.LATE HAJEE.K.K. KHAN SAB ADVOCATE, KALLAMPARAMBIL, PONKUNNAM, KOTTAYAM (MANAGER, HAJEE K.H.KHAN MEMORIAL KADUKKAMALA LOWER PRIMARY SCHOOL, PONKUNNAM, KOTTAYAM). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 3. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPALLY. 4. BISNI SEBASTIAN, LOWER PRIMARY SCHOOL ASSISTANT, HAJEE K.H.KHAN MEMORIAL KADUKKAMALA LOWER PRIMARY SCHOOL, PONKUNNAM, KOTTAYAM. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17536/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2009 J U D G M E N T The petitioner herein is the Manager of a Lower Primary School. The fourth respondent is working as L.P.S.A in the petitioner's school. Disciplinary action was taken against the fourth respondent while she was working as Headmistress in the said school. She was imposed with a penalty of barring of three increments without cumulative effect, as per Ext.P1 passed by the Assistant Educational Officer. But in an appeal filed by the fourth respondent, the District Educational Officer set aside Ext.P1 order. The District Educational Officer observed that in the light of the fact that the allegations against the fourth respondent stands not proved, there was no justification for the suspension. The petitioner has filed Ext.P3 revision before the Government under Rule 92 of Chapter XIV-A K.E.R. The main prayer in the writ petition is for a direction to the Government to take a decision on Ext.P3 within a time frame. 2. Heard learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the first respondent to W.P.(C). No.17536/2009 -:2:- consider and pass orders on Ext.P3 after hearing the petitioner and the fourth respondent within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms