IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38229 of 2010(C) -------------------------- PETITIONER(S): --------------- C.NISHA KUMAR, HIGH SCHOOL ASSISTANT (MATHEMATICS), THACHINGANADAM HIGH SCHOOL, THACHINGANADAM, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679328. 4. THE MANAGER, THACHINGANADAM HIGH SCHOOL, THACHINGANADAM, WANDOOR-679325. MALAPPURAM DISTRICT. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.38229 OF 2010 ------------------------------ Dated this the 22nd day of December, 2010 JUDGMENT As per Ext.P3 staff fixation order in the academic year 2010-2011, in respect of THS Thachinganadam, the petitioner and five other teachers were retrenched from service. Challenging the staff fixation order, the petitioner filed Ext.P4 revision before the Director of Public Instruction. Ext.P4 is pending disposal. In another revision filed by E.K.Iqbal, one of the teachers who was retrenched, the Director of Public Instruction granted an interim order dated 2.12.2010 (Ext.P5). Ext.P5 revision is also pending. 2. The reliefs prayed for in the Writ Petition are the following: W.P.(C).No.38229 OF 2010 2 i) issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P3 staff fixation order to the extent it orders retrenchment of the Petitioner. ii) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to approve Ext.P1 appointment. Iii) issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to execute bond in terms of Ext.P2 Government Order enabling the petitioner to get approval and draw her salary. iv) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to order continuance of the petitioner during the academic year 2010-11, by applying 1:40 teacher-student ratio. v) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to effectively consider and pass appropriate orders upon Ext.P4 after affording an opportunity of being heard to the petitioner within a time limit. vi) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Ext.P4 revision filed by the W.P.(C).No.38229 OF 2010 3 petitioner is directed to be disposed of expeditiously. The learned counsel for the petitioner also submitted that the revision filed by all the retrenched teachers could be heard together by the Director of Public Instruction so that the question of inter-se seniority among them also could be considered by the Director of Public Instruction. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Ext.P4 revision dated 7.12.2010 filed by the petitioner as expeditiously as possible, and at any rate, within a period of three months from the date W.P.(C).No.38229 OF 2010 4 of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. b) The Director of Public Instruction shall consider whether the revision filed by E.K.Iqbal and the revisions, if any, filed by any other retrenched teachers also could be heard together along with Ext.P4 revision filed by the petitioner, so that all the contentions raised by all the parties and the disputes inter-se those parties could be decided by 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. W.P.(C).No.38229 OF 2010 5 d) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the 4th respondent(Manager) by Registered Post and the petitioner shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms