IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 1353 of 2008(J) ------------------------- PETITIONER(S): --------------- LEYA, RETRENCHED HIGH SCHOOL ASSISTANT, (MATHS) S.N.TRUST HIGHER SECONDARY SCHOOL, NATTIKA, THRISSUR DIST. BY ADV. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 1. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 4. SMT.R.RENCHU, W/O.SRI.P.SURESH, MANKOOTTATHIL HOUSE, MEZHUVELI, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT. 5. SMT.BINDU P.M. HIGH SCHOOL ASSISTANT (MATHS), S.N.TRUST HIGHER SECONDARY SCHOOL, NADUVARAMCODE, CHERIANAD P.O. CHENGANNOOR, ALAPPUZHA DIST. PIN : 689 511. 6. THE CORPORATE MANAGER, S.N.TRUST SCHOOLS, KOLLAM. P.B.NO.512, KOLLAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN R6 BY ADV. SRI.A.N.RAJAN BABU, SC, S.N.TRUST R5 BY SRI.BIJI MATHEW R4 BY SRI.S.SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1353 of 2008 EXHIBITS ------------ PETITIONER'S EXHIBITS ------------------------------ P1:- TRUE COPY OF APPOINTMENT ORDER NO.(E)SNT/34/2001[10]DTD.6.6.01 ISSUED BY R6 AND APPROVED AS PER ORDER NO.B5-1360/02/K.DIS.DT.22.5.02 BY R3 P2:- TRUE COPY OF ORDER NO. ET3/23550/2007/DPI DTD.15.3.07 ADDL. DIRECTOR OF PUBLIC INSTRUCTION P3:- TRUE COPY OF ORDER NO. B5/5572/07 DTD.31.7.07 ISSUED BY R3. P4:- TRUE COPY OF JUDGMENT IN WP(C) NO. 17487/07 DTD.7.6.07 OF THIS HONOURABLE COURT. P5:- TRUE COPY OF ORDER NO. EM6/45691/07/DPI DTD.31.10.07 ISSUED BY R2 //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN,J. ................................................................... WP(C) NO. 1353 of 2008 ......................................... Dated this the 8th day of April, 2010 J U D G M E N T The petitioner and respondents 4 and 5 are High School Assistants (Maths) in SN Trust Higher Secondary School. According to the petitioner, she is senior to respondents 4 and 5, but she has been retrenched as an excess. Certain controversies had also arisen relating to the alleged appointment of the fourth respondent, Smt. R. Renju. She carried that issue to the Government and it is pending at that end as a revision petition. The plea of the petitioner against the retrenchment is based on issues of facts which have to be ultimately answered by the statutory authority in terms of the Kerala Education Act,1958 and the Kerala Education Rules, 1959. The petitioner has alternate efficacious remedy by filing a revision before the Government. Therefore, though this writ petition was admitted in January 2008, having regard to the fact that a WP(C) NO. 1353 of 2008 2 revision is now pending with the Government, I am inclined to relegate the petitioner to the Government itself; more so because of the disputed questions of facts arising for decision in the petitioner's case. Therefore, it is ordered that if the petitioner files a revision before the Government within two weeks from the date of receipt of a copy of this judgment, the Government will consider such revision in accordance with law. Let final decision be taken by the Government within a period of four months since the petitioner stands retrenched. It is clarified that nothing is stated on merits in this writ petition. The Government will ensure that necessary parties are given notice and are provided sufficient opportunity of being heard in relation to the matter. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE. rkc