IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 36122 of 2010(M) PETITIONER: --------------- K.SEENA, LOWER PRIMARY SCHOOL ASSISTANT (LPSA) A.U.P.SCHOOL,IRIMBALASSERI P.O., SOURAUR, PALAKKAD BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, SHOURNUR - 679 121. 2. THE MANAGER, A.U.P.SCHOOL, IRIMBALASSERI P.O.,SHORANUR, PALAKKAD- 679 335. 3. THE HEADMASTER, A.U.P.SCHOOL, IRIMBALASSERI P.O.,SHORANUR, PALAKKAD- 679 335. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 36122 OF 2010 M ------------------------------------------------------ Dated this the 13th day of December, 2010 JUDGMENT The petitioner was appointed as LPSA in A.U.P.School, Irimbalasseri, Shornur, Palakkad District, with effect from 1.11.2004. As per Ext.P3 staff fixation order for the academic year 2010-11, the petitioner was accommodated in the School, based on 1:40 teacher- student ratio. The Assistant Educational Officer conducted a re-visit in the School in September, 2010. On the basis of the re-visit, the Assistant Educational Officer passed Ext.P5 staff fixation order dated 11.11.2010. As per Ext.P5 staff fixation order, the petitioner was retrenched from service with effect from 14.7.2010. Challenging Ext.P5 staff fixation order, the petitioner filed Ext.P7 Revision dated 23.11.2010 before the Director of Public Instruction, under Rule 12E (3) of Chapter XXIII of the Kerala Education Rules. Ext.P7 Revision is pending disposal. 2. Learned counsel for the petitioner contended that the attendance of students was marked during the re-visit made by the W.P.(C) NO.36122 OF 2010 M :: 2 :: Assistant Educational Officer. On 6.9.2010, the date of re-visit, the Assistant Educational Officer has noted in Ext.P4 that out of the 14 students nine were present. The counsel submits that this is a mistake and going by the attendance marked, ten students were present out of fourteen. If the attendance was ten, it is submitted that the petitioner would not have been retrenched. 3. Since Ext.P7 Revision is pending before the Director of Public Instruction, it is not necessary to arrive at any conclusion on the merits in this Writ Petition. Learned counsel for the petitioner submitted that it would be sufficient, for the time being, to issue a direction to the Director of Public Instruction to dispose of Ext.P7 Revision expeditiously, after reserving the contentions of the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to consider and dispose of Ext.P7 Revision dated 23.11.2010, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an W.P.(C) NO.36122 OF 2010 M :: 3 :: opportunity of being heard to the petitioner and the Manager. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/