IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 35492 of 2010(J) -------------------------- PETITIONER(S): --------------- BABY SURAJA.M., ASSISTANT TEACHER, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, KANNUR DISTRICT-670 647. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-14. 3. THE DISTRICT EDUCATIONAL OFFICER THALASSERY-670 107. 4. THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH-670 101. 5. SMITHA KOOVAKKA, UPSA, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, KANNUR DISTRICT-670 647. 6. MANAGER, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, KANNUR DISTRICT-670 647. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C)No.35492 of 2010 J --------------------------------------------- Dated this the 26th day of November, 2010 JUDGMENT The petitioner is working as L.P.S.A. in Kozhur U.P. School in Kannur District. As per the staff fixation order during 2009- 2010, two posts of L.P.S.A. and one post of U.P.S.A. were reduced due to shortage of pupil strength. As per Exhibit P6 staff fixation order for 2009-2010, so called junior most teachers, namely, K.Smitha, U.P.S.A. and Babu Bijith, U.P.S.A. were retrenched. Smitha challenged the staff fixation order before the Director of Public Instruction. As per the direction in W.P.(C) No.21890 of 2010, the Director of Public Instruction was directed to dispose of the revision filed by Smitha. The revision was disposed of as per Exhibit P9 order dated 18.10.2010. The petitioner was also heard before passing Exhibit P9 order. The Director of Public Instruction relied on G.O.(P) No.188/2000/G.Edn. dated 08.06.2000 and held that Smitha was not liable to be retrenched and that the petitioner and Bindusree were liable to be retrenched. WPC No.35492/2010 2 2. Challenging Exhibit P9 order passed by the Director of Public Instruction, the petitioner filed Exhibit P10 revision dated 30.10.2010 before the Government. Exhibit P10 is pending disposal. As per the order dated 18.11.2010, the Assistant Educational Officer passed consequential order on the basis of Exhibit P9 order. In this Writ Petition, the petitioner challenges Exhibits P9 and P11 orders. Other reliefs are also claimed in the Writ Petition including a writ of mandamus directing the first respondent to dispose of Exhibit P10 revision. 3. The learned counsel for the petitioner submitted that the petitioner is continuing in service from 2003. She submitted that G.O.(P) No.188/2000/G.Edn. dated 08.06.2000 is contrary to the rules in Chapter XIVA of KER. It is submitted that if the petitioner is retrenched, she would be put to great hardship. It is submitted that the petitioner intends to move a stay petition before the Government in Exhibit P10 revision. 4. Since Exhibit P10 revision is pending before the Government, in which the petitioner has challenged Exhibit P9 WPC No.35492/2010 3 order passed by the Director of Public Instruction, the challenge against Exhibit P9 in this Writ Petition cannot be entertained. Exhibit P11 is a consequential order to Exhibit P9. Therefore, Exhibit P11 also cannot be challenged in this Writ Petition. However, it is just and necessary to direct the first respondent to dispose of Exhibit P10 revision expeditiously. I am also of the view that the operation of Exhibit P11 can be directed to be kept in abeyance for a period of three weeks to enable the petitioner to move for a stay petition in Exhibit P10 revision. 5. Accordingly, the Writ Petition is disposed of as follows: (i) The first respondent shall consider and dispose of Exhibit P10 revision filed by the petitioner, after affording an opportunity of being heard to the petitioner, respondents 5 and 6 and any other affected party, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment. WPC No.35492/2010 4 (ii) Exhibit P11 order dated 18.11.2010 passed by the Assistant Educational Officer, in so far as it relates to the petitioner, shall be kept in abeyance for a period of three weeks, to enable the petitioner to move for stay in Exhibit P10 revision. (iii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (iv) The petitioner shall also send copy of the Writ Petition and copy of the judgment to respondents 5 and 6 by registered post and she shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl