IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25911 of 2008(I) PETITIONER: RAJANI V.C.,V.M.HOUSE, CHAMBAD P.O.,KANNUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERRAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT EDUCATIONAL OFFICER THALASSERRY. 3. THE HEADMASTER/HEADMISTRESS V.P.ORIENTAL HIGH SCHOOL, CHOKLI. 4. THE MANAGER V.P.ORIENTAL HIGH SCHOOL, CHOKLI. R1 & R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25911 OF 2008 I -------------------------------------------- Dated this the 3rd September, 2008 JUDGMENT The petitioner was working as High School Assistant (Hindi) in V.P.Oriental High School, Chokli. She was appointed as HSA (Hindi) in a retirement vacancy with effect from 1.6.1998. The appointment of the petitioner was approved. It is stated that the petitioner was in charge of Guide in the School in the 47th Thalasserry Guide Group. Ext.P2 is produced to prove the same. 2. As per the staff fixation order in 2007-08, there was a division fall in the High School section. The petitioner, being the junior-most language teacher, was retrenched for want of vacancy. In Ext.P3 staff fixation proceedings, it is stated as follows: “HSA (Hindi), one post reduced. However the school is entitled to a new post of LG Hindi. The post is not sanctioned due to the existing ban on creation of new posts. The following HSA (Hindi) are rendered surplus: (1) Sri.V.C.Rajani HSA (Hindi) whose date of continuous service is 1.6.1998. She is not eligible for protection. Hence retrenched from service w.e.f.15.7.2007.” The petitioner has submitted Ext.P5 representation dated 14.7.2008 to the Government, praying for exercising power to relax the Rule and to pass appropriate orders granting protection to the petitioner. Ext.P5 representation is not disposed of. W.P.(C) NO.25911 OF 2008 :: 2 :: 3. The only prayer made by the petitioner is to issue a direction to the first respondent to consider and dispose of Ext.P5 representation, after affording an opportunity of being heard to the petitioner. In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to respondents 3 and 4. Learned Government Pleader takes notice for respondents 1 and 2. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P5 representation, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and, at any rate, within a period of three months. It is made clear that I have not expressed any opinion on the merits of the case. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall send copy of the judgment to respondents 3 and 4 by registered post and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/