IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17663 of 2011(G) --------------------------------------- PETITIONER: ------------------- PRAKASH BABU.A., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), P.R.M.KOLAVALLUR HIGHER SECONDARY SCHOOL, THOOVAKKUNNU P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS. RESPONDENTS: ------------------------ 1. THE MANAGER, P R M HIGHER SECONDARY SCHOOL, THOOVAKKUNNU.P.O., KANNUR DISTRICT-670 001. 2. DISTRICT EDUCATIONAL OFFICER, THALASSERY-670 021. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR-670 001. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 5. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001. 6. THE HEADMISTER, P R M HIGHER SECONDARY SCHOOL, THOOVAKKUNNU P.O., KANNUR DISTRICT-670 001. 7. T.P.PREETHA, HSA (MATHS), P R M HIGHER SECONDARY SCHOOL, THOOVAKKUNNU P.O., KANNUR DISTRICT-670 001. R2 TO R5 BY GOVT. PLEADER SRI. V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17663/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STAFF FIXATION ORDER DTD. 29/08/2009 PASSED BY THE R.2. EXT.P.2: COPY OF THE ORDER DTD. 24/03/2011 PASSED BY THE R.4. EXT.P.3: COPY OF THE STAFF FIXATION ORDER DTD. 01/06/2011. EXT.P.4: COPY OF THE ORDER DTD. 01/06/2011 ISSUED BY THE R.2. EXT.P.5: COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER BEFORE THE R.5. EXT.P.6: COPY OF THE APPEAL PETITION FILED BEFORE THE R.4. EXT.P.7: COPY OF THE G.O.(MS).NO.125/2011/G. EDN. DTD. 02/04/2001. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17663 Of 2011 -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner, working as High School Assistant (Social Science) in the Kolavallur Higher Secondary School, is aggrieved by the orders Exhibits P2 and P3. 2. The staff fixation order dated 28.9.2009 is produced as Exhibit P1. The petitioner was retained along with five other teachers under 1:45 ratio on the basis of the subject ratio 1:1:1 and he was accommodated against a post of High School Assistant(English). Two teachers in Mathematics were retrenched from service and challenging the staff fixation order, they preferred an appeal before the 4th respondent. The appeal resulted in a favourable order in the case of one of the teachers, namely Smt.T.P.Preetha and the decision as against the remaining teachers V.Renjith and as regards the petitioner were against them and the copy of the said order is produced as Exhibit P2. Consequential direction was issued to revise the staff pattern. There is a direction to revise the staff fixation order W.P.(C)No.17663/11 -2- also. It is the case of the petitioner that Exhibit P2 order was passed without notice to the petitioner. The staff fixation order was revised as per Exhibit P3 and the petitioner has been retrenched along with one Shri V.Renjith. 3. A further direction has been issued by the 2nd respondent thereafter to recover the salary paid to the petitioner. The petitioner thereafter approached the Government by filing Exhibit P5 under Rule 12F of Chapter XXIII of KER. 4. Challenging the revised staff fixation order, the petitioner has filed an appeal as Exhibit P5 before the Director of Public Instruction under Rule 12D of Chapter XXIII of KER also. It is upto the Government and the Director of Public Instruction to take decisions in the matter. Of course, the petitioner has moved both the Government and the Director of Public Instruction against separate orders. The learned counsel for the petitioner submitted that the Government may be directed to hear both Exhibits P5 and P6. It is upto the Government , if it thinks so, to call for the appeal filed by the petitioner before the Director of Public Instruction by Exhibit P6 while disposing of Exhibit P5 and if the petitioner requests so. There will be a W.P.(C)No.17663/11 -3- direction to the Government to take a decision on Exhibit P5 after hearing the petitioner and the Manager within a period of six months from the date of receipt of a copy of this judgment. In the meanwhile the recovery of salary ordered against the petitioner will be kept in abeyance. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn