IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 35243 of 2010(E) PETITIONER: --------------- ALEYAMMA MATHEW, W/O.MATHEW C. OOMMEN, CHIRAYIL PADINJARE PARAMBIL HOUSE, KUTTAPUZHA PO THIRUVALLA (UPSA ST JOHN'S HSS, ERAVIPEROOR)REP BY HER POWER OF ATTORNEY HOLDER ANNAMMA JACOB, W/O.LATE JACOB P. ABRAHAM,THANNICKAL SANKARAPURI HOUSE, ERAVIPEROOR, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA PIN 689 101. 3. THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER PULLAD PIN 689 548. 4. THE MANAGER, ST JOHN'S HIGHER SECONDARY SCHOOL, ERAVIPEROOR PO, THIRUVALLA PIN 689 101. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.35243 OF 2010 E ------------------------------------------------------ Dated this the 8th day of December, 2010 JUDGMENT The petitioner was working as UPSA in St.John's Higher Secondary School, Eraviperoor. She was granted leave without allowances from 18.3.2008 to 31.12.2010, as per Ext.P2 order passed by the Government. It is stated that from 18.3.2005 to 17.3.2008 she was granted leave without allowances earlier. The petitioner has to join duty on the expiry of the period of leave. 2. St.John's Higher Secondary School, Eraviperoor and St.John's Lower Primary School, Eraviperoor are under the Corporate Management of the fourth respondent. As per Ext.P3 proceedings dated 11.7.2007, the Manager shifted the lien of the petitioner from St.John's Higher Secondary School, Eraviperoor to St.John's L.P.School, Eraviperoor. It is submitted that this was made to repost one Soby George, who was working as LPSA in St.John's L.P.School, Eraviperoor, as LPSA in St.John's Higher Secondary School in the leave vacancy of the petitioner. The petitioner is aggrieved by the shifting of the lien as per Ext.P3. The case of the petitioner is that St.John's L.P.School is an uneconomic school and, W.P.(C) NO.35243 OF 2010 :: 2 :: therefore, shifting of the lien of the petitioner to that school would cause irreparable injury to the petitioner. It is stated that such shifting of lien is contrary to G.O.(P) No.259/2006/G.Edn. dated 12.10.2006 (Ext.P4) and Ext.P5 Circular dated 18.5.2007 issued by the Government. The petitioner submitted Ext.P6 request to the Manager to shift the lien of the petitioner to St.John's Higher Secondary School, Eraviperoor with effect from 2.6.2007. It is stated that no action was taken by the Manager on Ext.P6. Therefore, the petitioner submitted Ext.P7 Revision dated 6.9.2010 before the Director of Public Instruction. Ext.P7 Revision is pending disposal. 3. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that it would be sufficient, for the time being, if Ext.P7 Revision is directed to be considered and disposed of by the Director of Public Instruction, expeditiously. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. 5. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of as follows: W.P.(C) NO.35243 OF 2010 :: 3 :: a) The Director of Public Instruction shall consider and dispose of Ext.P7 representation dated 6.9.2010 submitted by the petitioner, 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 opportunity of being heard to the petitioner and the fourth respondent. b) The petitioner would be free to apply for interim orders before the Director of Public Instruction. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. d) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to the fourth respondent by registered post and the petitioner shall produce proof of the same before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/