IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10498 of 2009(F) ------------------------------------- PETITIONER(S): ---------------------- ANITHA ITTY, AGED 37 YEARS, W/O. TITUS THOMAS, HIGH SCHOOL ASSISTANT (MATHS), ST. MARY'S GIRL HIGH SCHOOL, KOZHENCHERRY PATHANAMTHITTA DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA DISTRICT. 5. THE MANAGER, SCHOOLS UNDER ST. THOMAS MARTHOMA CHURCH, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 6. SMT. SYJU S. JOHN, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), ST. MARY'S GIRL HIGH SCHOOL, KOZHENCHEERY, PATHANAMTHITTA DISTRICT. 7. SMT. V. SARAMMA, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), ST. THOMAS HIGHER SECNDARY SCHOOL, KOZHENCHEERY, PATHANAMTHITTA DISTRICT. W.P.(C) NO.10498/2009 8. SMT. ELCY K. GEORGE, HIGH SCHOOL ASSISTANT (MATHS), ST. THOMAS HIGHER SECNDARY SCHOOL, KOZHENCHEERY, PATHANAMTHITTA DISTRICT. SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10498 of 2009 -------------------------------------- Dated 31st March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass in this writ petition, it is not necessary to issue notice to or hear respondents 5 to 8. 2. The petitioner is presently working as High School Assistant (Maths) in St.Mary's Girls High School, Kozhencherry. The petitioner and respondents 6 to 8 were rendered surplus during the academic year 2007-2008. According to the petitioner, two senior teachers among the petitioner and respondents 6 to 8 can be accommodated against the two vacant posts of High School Assistant (English) available in the school. The petitioner states that ignoring her seniority, respondents 6 and 7 were accommodated as H.S.A.(English) as per Ext.P5 order dated 22.12.2007 issued by the District Educational Officer, Pathanamthitta. She submits that though the Manager moved the Deputy Director of Education in appeal challenging Ext.P5, that appeal was rejected by Ext.P6 order dated 17.10.2008. Aggrieved thereby, the Manager has filed Ext.P8 revision petition and the petitioner has filed WP(C).No.10498/2009 2 Ext.P9 revision petition before the Director of Public Instruction. In this writ petition, the petitioner inter alia seeks a direction to the Director of Public Instruction to consider Exts.P8 and P9 revision petitions and pass orders thereon within a time limit to be fixed by this court. 3. The pleadings and the materials disclose that the petitioner and the Manager have moved the Director of Public Instruction challenging Exts.P5 and P6 orders passed by the subordinate Educational Officers. Since the Manager and the petitioner have moved the Director of Public Instruction, it would be premature for this Court to pronounce upon the rival contentions at this stage. I accordingly dispose of this writ petition with a direction to the Director of Public Instruction to consider Exts.P8 and P9 revision petitions and pass orders thereon within three months from the date of receipt of a certified copy of this judgment. The Director of Public Instruction shall before orders are passed on Exts.P8 and P9 revision petitions, afford the petitioner and respondents 5 to 8 a reasonable opportunity of being heard and after passing orders on Exts.P8 and P9 communicate copies thereof to all the parties concerned. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS