IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 2525 of 2009(A) ------------------------------------- PETITIONERS: --------------------- 1. UNNIKRISHNAN.T.K., PRINCIPAL, R.M.V.H.S.S, PERINJANAM, PERINJANAM P.O., TRICHUR (DIST.). 2. THULASIRANGA.P.P., H.S.A (NS), R.M.V.H.S.S., PERINJANAM, PERINJANAM P.O., TRICHUR DISTRICT. 3. PRASEETHA.M.B., U.P.S.A., R.M.V.H.S.S., PERINJANAM, PERINJANAM P.O., TRICHUR DIST. 4. HEMA.M.B., U.P.S.A., R.M.V.H.S.S., PERINJANAM, PERINJANAM P.O., TRICHUR DIST. BY ADVS. SMT.S.KARTHIKA, MR.P.S.ABHISHEK, SMT.KAVYA P.PRASAD, SMT.K.P.GEETHA MANI, MR.M.R.ANISON, MR.M.S.UNNIKRISHNAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, TRICHUR. W.P.(C). NO.2525/2009-A: 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, TRICHUR DISTRICT. 5. THE MANAGER, R.M.V.H.S.S, PERINJANAM, PERINJANAM P.O., TRICHUR DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.2525 of 2009 ===================== Dated this the 25th day of February, 2009. JUDGMENT Heard Smt. V.P.Seemanthini, the learned Senior Advocate appearing for the petitioner and Sri.A.J.Varghese, the learned counsel appearing for the official respondents. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioners are teachers working in the fifth respondent's school. The first petitioner who is also the Principal of the school is due to retire from service on 31.3.2009, on attaining the age of superannuation. The staff strength of the fifth respondent's school for the academic year 2007-2008 was fixed by the Director of Public Instruction as per Ext.P4 order dated 24.10.2008. By the said order the Director of Public Instruction abolished one post each of UPSA and HSA and also directed the departmental officers to recover the pay and allowances paid to them from the first petitioner. The first petitioner has, aggrieved by Ext.P4, filed Ext.P5 revision petition before the Secretary to Government, General Education Department. In this Writ Petition, the petitioners challenge Ext.P4 and inter alia pray for a direction to the State Government to consider Ext.P5 revision and pass orders thereon within a time limit to be fixed by this Court. 3. Ext.P4 order is one passed by the Director of Public Instruction WP(C) 2525/09 -: 2 :- in exercise of the power conferred on him under Section 12E of Chapter XXIII of the Kerala Education Rules, hereinafter referred to as the “KER” for short. Rule 12F of the KER confers on the persons aggrieved by orders relating to staff fixation passed by the Director of Public Instruction, the right to move the Government in revision. The first petitioner has, aggrieved by the direction contained in Ext.P4 to recover from him, the salary and allowances paid to two teachers, moved the Government by filing Ext.P5 revision. Since the first petitioner has already invoked an efficacious alternative remedy available to him, I do not propose to go into the merits of the contentions raised by the petitioners in this Writ Petition. In my opinion, it is for the Government to decide in the first instance whether the stand taken by the Director of Public Instruction in Ext.P4 is sustainable or not. The staff fixation relates to the academic year 2007-2008. The said academic year has come to a close. It is brought to my notice that the staff fixation order for the academic year 2008-2009 has not been issued till date. Such being the situation, Ext.P5 deserves to be considered and disposed of expeditiously. 4. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider Ext.P5 revision petition and pass orders thereon after affording the petitioners, the fifth respondent and any other teacher who will be affected by the outcome of the revision petition a reasonable WP(C) 2525/09 -: 3 :- opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioners produce a certified copy of this judgment before the Secretary to Government, General Education Department. I also direct that till such time, the recovery proposed in Ext.P4 from the first petitioner shall be kept in abeyance. Thereafter, the rights of parties will be governed by the orders passed by the Government, subject of course to the right of those aggrieved thereby, to challenge the same in other appropriate proceedings. The Writ Petition is disposed of as above. No costs. P.N.Ravindran, Judge. ess 27/2