IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 35806 of 2009(U) -------------------------- PETITIONER(S): --------------- K.V.VASANTHA PRABHA, AGED 48 YEARS, W/O.T.K.PRABHAKARAN, HEADMISTRESS, ACKIPARAMBA U.P.SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (P) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY SECRETARY, SUPER CHECK CELL, CIVIL STATION, KOZHIKODE. 4. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KANNUR. 5. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O.TALIPARAMBA, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 0N 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35806/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of December, 2009 J U D G M E N T The petitioner is the Headmistress of Ackiparamba U.P School, Taliparamba, Kannur District. 2. It is averred in the writ petition that for the year 2008-09, based on the students' strength and personal verification, the Assistant Educational Officer had fixed 14 posts of teachers (L.P.S.As and U.P.S.As) in the school. Ext.P2 is the copy of the staff fixation order for the year 2008-09. 3. It is submitted by the learned counsel for the petitioner that the Super Check Cell visited the school on 18/11/2008 and verified the attendance of the pupils and to the verification report thereon, the petitioner and the Manager had submitted a reply to the Director of Public Instruction and a personal hearing was conducted on 24/07/2009. Thereafter, the Director of Public Instruction passed Ext.P3 order. Pursuant to Ext.P3, by Ext.P4, the Assistant Educational Officer reduced one division in Std.V. Ext.P5 is the revision petition filed by the petitioner in the matter as liabilities are sought to be fixed against her going by last paragraph of Ext.P3. It is prayed that the revision petition may be disposed of within W.P.(C). No.35806/2009 -:2:- a time frame. Reliance is placed on Ext.P6 Judgment of this Court in W.P.(C).No.8162/2009 as well as a Division Bench Judgment of this Court in W.A.No.1288/2007 (Ext.P7). 4. The learned Government Pleader submitted that Ext.P5 has been received and is pending. 5. There will be a direction to the first respondent to take a decision on Ext.P5 after hearing the petitioner, the Manager and any other teachers concerned within a period of five months from the date of receipt of a copy of this Judgment. In the meantime, no coercive steps against the petitioner will be taken. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms