IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WA.No. 1804 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN I.A. UNNUMBERED/2008 IN WPC.57/2008 DATED 30/07/2008 .................... APPELLANT/4TH RESPONDENT IN THE W.P.: ---------------------------------------------------------------- SREEKALA.S, HEADMISTRESS, VTM UPPER PRIMARY SCHOOL MANNADY PO.,PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS/PETITIONER AND OTHER RESPONDENTS IN THE W.P: ----------------------------------------------------------------------------------------------------- 1. R.GEETHAKUMARY, TEACHER IN CHARGE VTM UPPER PRIMARY SCHOOL, MANNADI PO., PATHANAMTHITTA DISTRICT, RESIDING AT PAZHAYAKALAYIL, MANNADY PO., PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, ADOOR 4. MANAGER, V.T.M.UPPER PRIMARY SCHOOL MANNADY PO., PATHANAMTHITTA DISTRICT. 5. THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA. 6. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.SANDESH RAJA ADV. SMT.REKHA VASUDEVAN FOR R1 ADV. SRI.KRISHNA KUMAR FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, ALONG WITH W.P(C ).NO. 24564 OF 2008 WP(C) NO. 57 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- W.A.No.1804 OF 2008 and W.P.(C)Nos.57 and 24564 of 2008 ------------------------------------- Dated 3rd September, 2008 JUDGMENT Koshy,J . W.A.No.1804 of 2008 is filed against the interim order passed in W.P.(C)No.57 of 2008. Considering the contentions in the petition, the writ petition itself was called to this court along with the connected W.P. (C)No.24564 of 2008. Originally when an interim order was passed in W.P.(C)No.57 of 2008, it was challenged in W.A.No.213 of 2008. At that time, it was noticed that already an appeal was pending before the Assistant Educational Officer and, therefore it was directed to dispose of the above appeal and first respondent was allowed to continue as teacher-in-charge. According to the appellant, the writ petition W.P.(C) No.57 of 2008 has become infructuous because of that order. In any event, the Assistant Educational Officer passed Ext.P10 order in favour of the first respondent against which another appeal was filed before the Deputy Director and the Deputy 'Director passed an order in favour of the appellant. For implementation of that order, W.P.(C)No.24564 of 2008 was filed. Meanwhile, the contesting respondent has filed an appeal to the Director of Public Instructions with an impleading petition in the appeal and that appeal is pending. In the interim order dated W.A.57/2008 & connected cases 2 30.7.2008, status quo as on that date was ordered to be continued for one day as the interim application was not numbered at that time and it was posted for consideration of Ext.P12 by the Director of Public Instructions. Later, due to pressure of work in the court, the above status quo order has been continued. Therefore, the appellant filed the writ appeal. It is submitted that the Director of Public Instructions has to consider the appeal. In these circumstances, we direct the Director of Public Instructions to dispose of Ext.P12 appeal as expeditiously as possible, in any event, within two months from the date of receipt of a copy of this judgment with notice to the appellant, the first respondent and the Manager. Till orders are passed in the appeal, status quo will continue. The writ appeal and writ petitions are disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks