IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 11394 of 2009(T) -------------------------- PETITIONER(S): --------------- A.S.NITHA, AGED 37 YEARS, W/O. P.R. AJTH KUMAR, HIGH SCHOOL ASSISTANT (MATHS), T.T.T.M.V.H.S. SCHOOL, P.O. VADASSERIKKARA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA DISTRICT. 5. THE MANAGER, T.T.T.M.V.H.S.S. SCHOOL, P.O. VADASSERIKKARA, PATHANAMTHITTA DIST. 6. SRI. BINU ABRAHAM, UPPER PRIMARY SCHOOL ASSISTANT, T.T.T.M.V.H.S. SCHOOL, P.O. VADASSERRIKKARA, PATHANAMTHITTA DIST. ADV. MR.S.MANU FOR R6 MR.K.RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11394/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.ET3/78106/2003/DPI/G.EDN. DATED 01/12/2003 OF THE 2ND RESPONDENT. P2 : COPY OF ORDER NO.B3-8581/2006 OF THE DIST.EDUCATIONAL OFFICER DATED 25/08/2006 P3 : COPY OF ORDER NO.B4/14456/06/L.DIS. OF THE DEPUTY DIRECTOR OF EDUCATION DATED 06/11/2006. P4 : COPY OF ORDER NO.ET3/11955/07/K.DIS. DATED 03/03/2007 OF THE 2ND RESPONDENT. P5 : COPY OF THE G.O.(Rt.) NO.5046/07/G.EDN. DATED 03/11/2007 OF THE GOVERNMENT. P6 : COPY OF THE STAFF FIXATION ORDER NO.L.DIS.B3/6113/08 DATED 31/07/2008 OF THE DIST.EDUCATIONAL OFFICER. P7 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.32077/2008 DATED 31/10/2008. P8 : COPY OF THE NOTICE NO.ET(3)-86334/2008/DPI DATED 06/01/2009 OF THE 2ND RESPONDENT. P9 : COPY OF ORDER NO.ET(3)/2945/2009/DPI/K.DIS. DATED 20/02/2009 OF THE 2ND RESPONDENT. P10 : COPY OF ORDER NO.ET(3)/86334/2008/DPI/K.DIS. DATED 20/02/2009 OF THE 2ND RESPONDENT. P11 : COPY OF THE REPRESENTATION OF THE 6TH RESPONDENT DATED 27/10/2008. P12 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.33569/2007 DATED 26/11/2008. P13 : COPY OF REVISION PETITION DATED 12/03/2009 FILED BEFORE THE GOVERNMENT. //TRUE COPY// PA TO JUDGE. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11394 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner is working as High School Assistant (Maths) in the school managed by the 5th respondent. The writ petition is filed seeking to quash Exhibits P9 and P10. Exhibit P13 is the revision petition filed by the petitioner against the said orders before the Government. 2. In the writ petition, on 06.04.2009, this Court passed an interim order staying the implementation of Exhibits P9 and P10 which stands extended until further orders on 03.07.2009. Learned counsel for the 6th respondent submits that already the Government has heard Exhibit P13 revision petition and orders are not passed in the light of the pendency of the writ petition. Therefore, this writ petition is disposed of directing the 1st respondent to take a decision on Exhibit P13 in accordance with law. If a personal hearing is required further, the parties will be heard. Appropriate orders shall be passed within a period W.P.(C) No.11394/2009 2 of three months from the date of receipt of a copy of this judgment. The interim order passed by this Court will continue till orders are passed and communicated to the petitioner. T.R. RAMACHANDRAN NAIR JUDGE smp