IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 18187 of 2007(M) -------------------------- PETITIONER(S): ------------------- V.K.PREETHA, U.P.S.A., MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. 5. A.K.BHAGYALAKSHMI, TEACHER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. 6. K.REJITHA, TEACHER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. 7. K.BINDU, TEACHER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. WPC NO.18187/2007 -2- 8. C.PARIMALA, TEACHER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. 9. T.LATHA, TEACHER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT. ADDL.R10. THE MANAGER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DIST. (ADD.R10 IS IMPLEADED AS PER ORDER IN IA NO.16307/2008 DATED 18/12/2008) ADV. SRI.V.A.MUHAMMED FOR R8 SRI.K.E.HAMZA FOR R8 SRI.KRB.KAIMAL (SR.) FOR R5 TO 7 SRI.B.UNNIKRISHNA KAIMAL FOR R5 TO 7 SRI.M.CHATHUKUTTY NAMBIAR FOR R.9 GOVERNMENT PLEADER SMT.T.T.MOHAMOOD FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18187/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE STAFF FIXATION ORDER DT 16.10.2004. EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER DT 15.7.04. EXT.P3: TRUE COPY OF THE ORDER DT 23.11.2004. EXT.P4: TRUE COPY OF THE ORDER DT 20.6.2005. EXT.P5: TRUE COPY OF THE APPEAL MEMORANDUM TOGETHER WITH AFFIDAVIT WITH PETITION FOR CONDONATION OF DELAY FILED BY THE PETITIONER BEFORE THE DDE, KANNUR. EXT.P6: TRUE COPY OF THE JUDGMENT DATED 9.11.2006 IN WPC NO.29453/2006. EXT.P7: TRUE COPY OF ORDER DT 3.2.2007. EXT.P8: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P9: TRUE COPY OF G.O(RT) NO.1701/07/G.EDN DT 17.4.2007. EXT.P10: TRUE COPY OF THE REPRESENTATION DT 6.5.2007 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P11: TRUE COPY OF GO(P) NO.12/08/G.EDN DT 9.1.2008. EXT.P12: TRUE COPY OF THE REVISION PETITION DT 10.10.2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXTS.OF R5 EXT.R5(a): TRUE COPY OF THE APPOINTMENT ORDER DT 13.7.2001 ISSUED BY THE MANAGER,MATTANNUR H.S.S. TO THE 5TH RESPONDENT. EXT.R5(b): TRUE COPY OF THE APPOINTMENT ORDER DT 18.8.2000 ISSUED BY THE MANAGER, MATTANNUR H.S.S. TO THE 6TH RESPONDENT. EXT.R5(c): TRUE COPY OF THE APPOINTMENT ORDER DT 13.7.2001 ISSUED BY THE MANAGER, MATTANNUR H.S.S. TO THE 7TH RESPONDENT. EXT.R5(d): TRUE COPY OF THE ORDER NO.D.DIS/RA.3/50887/05/DPI DT 23.9.2005 ISSUED BY THE 2ND RESPONDENT. WPC NO.18187/2007 -2- EXT.R5(e): TRUE COPY OF THE ORDER NO.D.DIS.89771/05/RA.3/DPI DT 1.2.2006 ISSUED BY THE 2ND RESPONDENT. EXT.R5(f): TRUE COPY OF THE GOVT.ORDER G.O.(P) NO.318/2005/G.EDN. DT 17.8.2005. EXT.R5(g): TRUE COPY OF THE LETTER DT 24.6.2006 OF the SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT TO RESPONDENTS 5 TO 7. EXT.R5(h): TRUE COPY OF THE ORDER NO.D.DIS-94327/05/RA(3)/DPI DT 18.8.2006 ISSUED BY THE 2ND RESPONDENT. EXT.R5(i): TRUE COPY OF THE ORDER NO.B4-5176/08/K.DIS DT 24.9.2008 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. EXT.R5(j): TRUE COPY OF THE ORDER NO.EM(3) 33540/2008/DPI/D.DIS DT 20.9.2008 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXTS.OF R8 EXT.R8(a): TRUE COPY OF THE G.O(MS) NO.11/2002/G.EDN. OF THE GOVERNMENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 18187 OF 2007 (M) ==================== Dated this the 18th day of December, 2008 J U D G M E N T Petitioner was appointed as an UPSA in a leave vacancy, in the school of which, the additional 10th respondent is the Manager. Subsequently, she was appointed on a regular basis w.e.f. 2/6/97 and was promoted as HSA(English) w.e.f. 15/7/04. 2. Following Ext.P3 staff fixation order covering three academic years from 2002 to 2005, the DEO issued Ext.P4 order reverting the petitioner as UPSA. Ext.P5 appeal filed against Ext.P3 was rejected by the Deputy Director as per Ext.P7 order. Revision filed before the DPI also was rejected by Ext.R5(j) order. Still aggrieved, the petitioner filed Ext.P12 revision before the 1st respondent invoking its power under Rule 92 of Chapter XIV AKER. This revision is pending. 3. In this writ petition, although several reliefs are sought for, I feel the grievance of the petitioner can be redressed if the revision is disposed of with notice to her and the additional 10th respondent. 4. Accordingly, the 1st respondent is directed to pass orders on Ext.P12 with notice to the petitioner and the additional 10th respondent. 5. Considering the fact that the issue raised in this writ petition is WPC 18187/07 :2 : interrelated with the issue raised in WP(C) No.14704/07 which was disposed of by this Court by judgment dated 16/12/2008, directing the Government itself to reconsider the proceedings which led to Ext.P7 therein, which is Ext.P9 in this writ petition, I direct that the matters shall be reconsidered together. 6. It will be open to the petitioner to produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp