IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 21207 of 2008(Y) PETITIONER: ANJANA A.K., W/O.RATHEESH KUMAR K.V., U.P.S.A., S.V.V.H.S.S., PALEMADU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 5. THE PRINCIPAL, S.V.V.H.S.S., PALEMADU, EDAKKARA VIA., MALAPPURAM DISTRICT. 6. THE MANAGER, S.V.V.H.S.S., PALEMADU, EDAKKARA VIA., MALAPPURAM DISTRICT. R6 BY ADV. SRI.T.S.JOHN R5 BY ADV. SRI.SAIJO HASSAN R1 AND R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 21207 OF 2008 Y -------------------------------------------- Dated this the 18th August, 2008 JUDGMENT The petitioner is working as Upper Primary School Assistant in the Sree Vivekananda Vocational Higher Secondary School, Palemadu in Malappuram District. It is stated in the Writ Petition that for staff fixation, the fourth respondent had authorised an officer for one day verification. The one day verification was held on 9.7.2008. The petitioner has alleged in the Writ Petition that though 32 students were present in Class V-D, attendance of only 25 students were marked. According to the petitioner, this was deliberately done at the instance of the Manager to get abolished one post so that the petitioner can be ousted from the service. In the counter affidavit, the Manager has denied all these allegations. 2. The reliefs prayed for in the Writ Petition are the following: “i) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents 1 to 4 to order a re-verification of student strength in S.V.V.H.S.S., Palemadu for the purposes of staff fixation for the year 2008-09 forthwith, without any further delay; ii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the 4th respondent to consider Exhibit P6 and pass orders on the same forthwith, without any further delay; W.P.(C) NO.21207 OF 2008 :: 2 :: iii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents 1 to 5 to take immediate steps to pay the arrear salary of the petitioner for the period from 17.11.2000 to 2.6.2003, forthwith, without any further delay; iv) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the 4th respondent to take immediate action against the respondents 5 and 6 on the basis of Exhibit P5, forthwith, without any further delay; v) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. On 17.7.2008, an interim order was passed by this Court, which reads as follows: “After having heard the learned counsel for the petitioner, learned counsel for respondents 5 and 6 and the learned Government Pleader, I am of the view that an interim order requires to be passed in this case. It is submitted by the learned counsel for the Manager that he does not know anything about the submission made by the counsel for the petitioner that the petitioner was not allowed to sign in the attendance register and to work in the school on and from 15.7.2008. He also submitted that until the staff fixation order is issued, normally there is no question of the petitioner not being permitted to work in the school. Learned Government Pleader also reiterated the above submission. Therefore, the status quo as on the date of filing of the Writ Petition, i.e., 14.7.2008, shall be maintained in so far as the petitioner is concerned, until the disposal of the Writ Petition or until further orders are passed by the Educational Authorities based on the staff fixation order, whichever is earlier. 2. Learned counsel for respondents 5 and 6 seeks time to file counter affidavit. Post after two weeks.” W.P.(C) NO.21207 OF 2008 :: 3 :: 4. Now the staff fixation is over and it is found that there is not enough staff strength to accommodate the petitioner. Challenging the staff fixation order, the petitioner has filed Ext.P7 Revision dated 5.8.2008, before the Director of Public Instruction. Ext.P7 Revision is pending disposal. 5. In view of the subsequent developments and in the light of the submissions made by the learned counsel for the petitioner, the only relief which the petitioner can aspire for is for a direction to the Director of Public Instruction to dispose of Ext.P7 Revision expeditiously. Learned Government Pleader submitted that Ext.P7 Revision will be disposed of within a period of three months. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The Director of Public Instruction shall dispose of Ext.P7 Revision dated 5.8.2008, filed by the petitioner, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, the Manager and the Principal. W.P.(C) NO.21207 OF 2008 :: 4 :: b) The parties will be free to produce such other materials and documents before the Director of Public Instruction in support of their respective contentions. c) The petitioner shall produce a copy of the Writ Petition, copy of I.A.No.10758 of 2008 and certified copy of the judgment before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/