IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27024 of 2011(C) ---------------------- PETITIONER : --------------------- SANGEETHA S.K, U.P SCHOOL ASSISTANT, YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEXE), THIRUVANNATHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANNATHAPURAM 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD 678 001. 4. THE MANAGER, YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT 678 001. 5. THE HEADMISTRESS, YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT 678 001. 6. SMT. MINI GOPALAKRISHNAN, L.P. SCHOOL ASSISTANT YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE,CHITTUR TALUK, PALAKKAD DISTRICT 678 001. R1 TO R3 BY GOVT. PLEADER SMT. M.T. SHEEBA R6 BY ADV. DR.GEORGE ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27024 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1. TRUE COPY OF THE COMMUNICATION DATED 09.02.2011 MADE BY THE RESPONDENT NO.3 TO THE RESPONDENT NO.5. EXHIBIT P2. TRUE COPY OF THE ORDER DATED 02.09.2011 (NO.K.DIS.EMI/43802/11/DPI) PASSED BY RESPONDENT NO.2. EXHIBIT P3. TRUE COPY OF THE REVISION PETITION DATED 11.10.2011 SUBMITTED BEFORE THE RESPONDENT NO.1. EXHIBIT P4. TRUE COPY OF POSTAL RECIEPT ON SENDING EXT.P3. EXHIBIT P5 COPY OF GO(MS) NO. 42/2011/G.EDN. DATED 16.02.2011. RESPONDENT'S EXHIBITS : EXT.R6(a) : COPY OF COMMUNICATION ISSUED BY THE MANAGER DATED 24-6-2008. EXT.R6(b) : COPY OF COMMUNICATION DATED 18-2-2011 SENT BY THE 6TH RESPONDENT TO THE DISTRICT EDUCATIONAL OFFICER. EXT.R6(c) : COPY OF GOVERNMENT ORDER, G.O.(MS) 42/11/G.EDN DATED 16-2-2011 //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27024/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2011 J U D G M E N T This writ petition is filed by the petitioner, who is working as an Upper Primary School Assistant in the school managed by the fourth respondent, challenging the order passed by the Director of Public Instruction as per Ext.P2, wherein the direction is to release the salary of the sixth respondent after retrenching the junior-most teacher in the combined seniority list of Upper Primary School Assistants and Lower Primary School Assistants taken together as per G.O.(MS). 42/2011/G.Edn., dated 16/02/2011. 2. Heard the learned counsel appearing for the sixth respondent, who has filed a counter affidavit stating that the sixth respondent is also an U.P.S.A as evident from Ext.R6(a). 3. Arguments were raised on both sides with regard to the validity of the order. I am not going into the merits of the matter since the petitioner has already availed the remedy of filing a statutory W.P.(C). No.27024/2011 -:2:- revision before the Government and a copy of the same is produced as Ext.P3. 4. Learned counsel for the sixth respondent prayed for vacating the interim order passed by this Court and it is submitted that the salary of the sixth respondent could be released pending further orders to be passed in the revision petition. 5. Having heard both sides, the writ petition is disposed of with the following directions. There will be a direction to the first respondent to consider the prayer in para.6 of Ext.P3 to keep in abeyance Ext.P2 order pending the revision petition, and pass appropriate orders after hearing the petitioner, the Manager and the sixth respondent within a period of six weeks. The revision petition itself will be disposed of within a period of five months. The interim order passed by this Court will continue till an order is passed on the interim prayer sought for by the petitioner. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms