IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 15155 of 2008(D) -------------------------- PETITIONER: ------------ SOBY GEORGE, W/O.THOMAS GEORGE, OLASSERIMANNIL, PURAMATTOM P.O., THIRUVALLA (LPSA, ST.JOHN'S LOWER PRIMARY SCHOOL, ERAVIPEROOR). BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 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 LOWER PRIMARY SCHOOL/ ST.MARY'S UPPER PRIMARY GIRL'S SCHOOL/ST.JOHN'S HIGHER SECONDARY SCHOOL, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA. 6. JALAJAKUMARI G., NAKKARA MALAYIL HOUSE, PUTHENPURAYIL, OTHARA P.O., PATHANAMTHITTA. WP(C) No.15155/2008 2 7. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PULLAD. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. T.SANKARAN, J. ------------------------------------------------- W.P.(C) No.15155 of 2008 D ------------------------------------------------- Dated, this the 22nd day of May, 2008 JUDGMENT The reliefs prayed for in the Writ Petition are the following:- “i) Issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P12 order issued by respondent No.2 to the extent of ordering retrenchment of the petitioner from service so as to accommodate respondent No.6, a B.Ed. degree holder, who is unqualified to hold the post of LPSA; ii) Issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P12 order to the extent of reverting respondent No.6, a B.Ed. degree holder as LPSA in the place of the petitioner in St. John's LP School, Eraviperoor, under the management of respondent No.5 resulting in retrenchment of petitioner from the post of LPSA; iii) Issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P12 order to the extent of setting aside the retrenchment of respondent No.6 and reverting her in the place of the petitioner resulting in the retrenchment of the petitioner in violation of Ext.P7 circular; iv) Issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.5 & 7 to retain the petitioner in service as LPSA in St. John's L.P. School, Eraviperoor and draw and disburse salary and allowances due to her WP(C) No.15155/2008 2 within such time as this Hon'ble Court may deem fit and proper in the interest of justice; v) Issue a declaration that the petitioner is not liable to be retrenched from the post of LPSA in an uneconomic school in view of Ext.P7 circular and for the purpose of accommodating respondent No.6, a B.Ed. holder who is unqualified to hold the post of LPSA; and vi) Mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 2. Against Ext.P12 order a revision lies under Chapter XXIII Rule 12F of the Kerala Education Rules. Therefore, I am of the view that the Writ Petition cannot be entertained. 3. Learned counsel for the petitioner submits that if Ext.P12 order is implemented it will cause great hardships to the petitioner and she will be thrown out of the service. 4. Ext.P12 order dated 4.4.2008 was under challenge in W.P.(C) No.13839/2008 filed by Smt. Suja Philip, one of the teachers. An interim order against implementation of the order dated 4.4.2008 (Ext.P12 in this Writ Petition passed by the Joint Director of Public Instructions) was granted and it was extended till 22.5.2008. I have disposed of W.P (C) No.13839/2008 today directing the first respondent to dispose of the statutory revision filed by Smt.Suja Philip within a period of three months. The order dated 4.4.2008 was directed to be kept in abeyance for a period of three weeks. The only apparent difference in the present case is that the petitioner has not filed any statutory WP(C) No.15155/2008 3 revision. Learned counsel for the petitioner expressed the readiness of the petitioner to file a statutory revision and submitted that the Writ Petition may be disposed of in the same line as W.P.(C) No.13839/2008 was disposed of. Accordingly, the Writ Petition is disposed of in the following manner:- (a) The petitioner may file a revision before the Government challenging Ext.P12 order. (b) To facilitate the petitioner to file a statutory revision, there will be a stay of implementation of Ext.P12 order for a period of three weeks. (c) In case the petitioner files a revision within three weeks from today, the first respondent shall dispose of the revision on the merits within a period of three months. (d) The petitioner is free to move the Government for appropriate interim reliefs. K.T.SANKARAN, JUDGE. cks