IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2828 of 2009(J) ------------------------- PETITIONER: --------------- T.K.ANNIE, ARABIC TEACHER, R.C.U.P.SCHOOL, THOZHAKAVU, MULLASSERY, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, MULLASSERY, THRISSUR DISTRICT. 3. THE HEADMISTRESS, ST.MARY'S L.P.SCHOOL, PUTHUMANASSERY, MULLASSERY, THRISSUR DISTRICT. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF TRICHUR, CATHOLIC BISHOP'S HOUSE, THRISSUR-5. BY GOVT. PLEADER SHRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.2828 of 2009-J --------------------------------------------- Dated this the 28th January, 2009. J U D G M E N T The petitioner states the following facts in the Writ Petition: She was working as Junior Arabic Teacher in one of the aided Schools belonging to the 4th respondent Corporate Educational Agency. Recognizing the Rule 51-A claim of the petitioner, she was granted regular and continuous appointment by the Manager in St.Mary's L.P School, Engandiyoor, w.e.f. 28.9.2004. The appointment was approved and probation was declared. As per order dated 25.4.2006, the District Educational Officer, Chavakkad, abolished the post retrospectively with effect from 15.7.2004. Aggrieved by that order, the petitioner filed a revision before the Government. The Government passed Ext.P1 order dated 27.6.2008 setting aside the order passed by the District Educational Officer. The Manager had transferred the petitioner, pursuant to the order passed by the District Educational Officer to various Schools under the same corporate management. It is stated that claiming the salary in respect of the petitioner for the period from 13.7.2007 to 12.6.2008 during which period she worked at St.Mary's L.P.School, Puthumanassery, salary bills were submitted. As per Ext.P3 order dated 16.1.2009, the salary W.P(C) No.2828 of 2009-J 2 bill was rejected by the Assistant Educational Officer. Challenging Ext.P3, petitioner filed Ext.P4 appeal before the first respondent. Ext.P4 appeal is pending. 2. The reliefs prayed for by the petitioner are the following: “i) call for the records relating to Exhibit P3 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 2nd respondent to disburse pay and allowances to the petitioner in lieu of her approved service from 13.7.2007 to 12.6.2008 in St.Mary's L.P.School, Puthumanassery. iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibit P4 after affording an opportunity of being heard to the petitioner within a time limit. iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. For the time being, the petitioner confines her reliefs to relief No.(iii). In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall consider and dispose of Ext.P4 revision petition dated 19.1.2009, after affording an opportunity of being heard to the petitioner and the Manager, as expeditiously as possible and at any rate within a period of three months from the date W.P(C) No.2828 of 2009-J 3 of receipt of a copy of the judgment. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. iii) The petitioner shall sent a copy of the judgment and copy of the Writ Petition to the 4th respondent (Manager) by registered post and shall produce the proof of the same before the first respondent. K.T.SANKARAN, JUDGE ab W.P(C) No.2828 of 2009-J 4 W.P(C) No.2828 of 2009-J 5 W.P(C) No.2828 of 2009-J 6