IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 24918 of 2009(H) ---------------------------------- PETITIONER(S): ----------------------- SUSAN ABRAHAM, H.S.A (MALAYALAM), ST.GEORGE'S H.S., KIZHAVALLOOR, KONNI, PATHANAMTHITTA DIST. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. THE CORPORATE MANAGER, CATHOLICATE & M.D.SCHOOLS, DEVALOKAM, KOTTAYAM - 38. 5. SMT.REJINI JOHN, MARTHANDAPURAM, PERAYAM, MULAVANA P.O., KOLLAM. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI R4 BY ADS.MR.V.PHILIP MATHEW R5 BY MR.M.T.SURESHKUMAR, MR.R.RANJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, ALONG WITH WPC NO. 25145 OF 2009 WPC NO. 26956 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24918/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 6.1.01 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE ORDER DTD. 15.7.08 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE ORDER DTD. 31.7.09 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE 4TH RESPONDENT R5(b):- COPY OF THE ORDER DTD. 17.11.08 PASSED BY THE DEPUTY DIRECTOR OF EDUCATION , ALAPPUZHA. R5(c):- COPY OF THE REPRESENTATION DTD. 15.2.09 SUBMITTED BY ME BEFORE THE 4TH RESPONDENT. R5(d):- COPY OF THE ORDER DTD. 6.1.01 PASSED ON BEHALF OF THE IST RESPONDENT TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.24918, 25145 & 26956 OF 2009 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T In Writ Petition Nos.24918 and 25145 of 2009, the challenge is against the order passed by the Director of Public Instruction dated 31.07.2009 (produced as Exhibit P3 in W.P.(C) No.24918/2009 and Exhibit P5 in W.P.(C) No.25145/2009). In Writ Petition No.26956 of 2009, the prayer is to implement the said order passed by the Director of Public Instruction, which has been produced as Exhibit P6. 2. Along with the counter affidavit filed by the Manager in W.P.(C) No.26956/2009, the Manager has produced a copy of the revision petition filed against the order passed by the Director of Public Instruction as Exhibit R4(a). It is agreed by all the parties that in the light of the fact that the order passed by the Director of Public Instruction is under challenge before the Government in Exhibit R4(a), a direction can be issued to the Government to W.P.(C) No.24918/2009 & conn. cases 2 take a decision on Exhibit R4(a) after hearing the respective parties. 3. While admitting W.P.(C) Nos.24918 and 25145 of 2009, this Court had passed interim orders staying the order passed by the Director of Public Instruction. There will be a direction to the Government to take a decision on Exhibit R4(a) revision petition filed by the Manager, after hearing all the petitioners in these writ petitions and the Manager as well as any other affected teachers, within a period of three months from the date of receipt of a copy of this judgment. Till the revision petition is disposed of, interim orders passed by this Court will continue. It will be open to the petitioners in W.P.(C) Nos.24918 and 25145 of 2009 to avail of the remedy of revision in the meanwhile. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp