IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 WP(C).No. 14844 of 2010(E) -------------------------- PETITIONER: --------------- RAIHANATH K.K., W/O.SHERIEF, AGED 31 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL, THIRUVALAYANNUR, THRISSUR DISTRICT. BY ADV. SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, THRISSUR DISTRICT. GOVT.PLEADER, SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER J. ---------------------- W.P.(C) No.14844 OF 2010 --------------------------- Dated this the 13th day of May, 2010 J U D G M E N T ~~~~~~~~~~~ Petitioner is stated to be working as Upper Primary School Assistant in the High School at Thiruvalayannur in Thrissur District. According to her, she has been working in a regular vacancy ever since 5.6.2006. Her appointment was approved also. However, in Ext.P3 order the Deputy Director of Education took the view that the petitioner could not have been given appointment as UPSA during 2006-2007 and 2007-2008. Consequently by Ext.P3(a) order he directed that the salary and allowances paid to the petitioner be recovered. Learned counsel submits that petitioner has preferred Ext.P4 Revision Petition against Exts.P3 and P3(a) orders before respondent No.1 as provided under Rule 92 of Chapter XIV-A of the Kerala Education Rules. 2. The limited prayer is to issue a direction to respondent No.1 to take a decision on Ext.P4, expeditiously. W.P.(C) No.14844/2010 2 3. Having heard learned counsel for the petitioner and learned Government Pleader and having regard to the entire facts and circumstances, I am satisfied that the above prayer can be granted. Therefore, the Writ Petition is disposed of with a direction to respondent No.1 to consider and pass orders on Ext.P4 strictly on its merits and in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Needless to mention that respondent No.1 shall afford sufficient opportunity of hearing to the petitioner, the Manager of the School and all others, who are likely to be affected by the order that may be passed by him. Till such a decision is taken on Ext.P4, further recovery proceedings, if any, shall be kept in abeyance. (A.K.BASHEER, JUDGE) ps