IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18708 of 2009(G) -------------------------- PETITIONER(S): --------------- SHEEBA JACOB, W/O. GEORGE MAMMEN KONDOOR, KOLATH KONDOOR HOUSE, ERAVIPEROOR, THIRUVALLA (UPPER PRIMARY SCHOOL ASSISTANT,.ST. MA RRY'S UPPER PRIMARY GIRL'S SCHOOL, ERAVIPEROOR.) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR(EDUCATION) PATHANAMTHITTA AT THIRUVALLA. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 5. MANAGER, ST. JOHN'S HIGHER SECONDARY SCHOOL/ST.MARY'S UPPER PRIMARY GIRLS SCHOOL/ ST.MARY'S LOWER PRIMARY SCHOOL ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA. R1 TO R4 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18708 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009. JUDGMENT The main prayer in the writ petition is to quash Exts.P9 to P13 orders issued by respondents 2 and 4 respectively and for a direction to the first respondent to consider and pass orders on Ext.P14 statutory revision. 2. The petitioner herein was working as H.S.A. (Maths), but was reverted as UPSA, as per Ext.P1 staff fixation order. Ext.P3 is the revised staff fixation order which was passed in accordance with Ext.P2 Govt. Order. The petitioner's case appears to be that even though she was reverted, one of her juniors, Smt.C.M. Achamma was retained as H.S.A. applying 1 : 40 ratio. The petitioner asserts that the principle contained in Rule 51 of Chapter XIV-A K.E.R. was not adhered to by the respondents. The Manager had approached the third respondent and later the second respondent, by filing statutory appeals. Petitioner had filed a revision challenging it. Ext.P9 is the order passed by the second respondent and Ext.P13 is the consequent order passed by the District Educational Officer. In these orders, the alleged defects in the staff fixation order for the year 2005-06 was directed to be rectified. In view of the orders Exts.P9 and 18708/2009 2 P13, the petitioner is facing recovery of salary paid. 2. Heard learned counsel for the petitioner and the learned Govt. Pleader. 3. In the light of the fact that Ext.P14 is pending which has been filed before the Government and as the petitioner seeks for a direction to dispose of the same expeditiously as she is facing recovery, there will be a direction to the first respondent to take a decision on Ext.P14 after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. Pending disposal of Ext.P14 revision petition, any recovery proceedings sought for against the petitioner will be kept in abeyance. 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.) kav/