IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19964 of 2011(U) --------------------------------------- PETITIONER: ------------------- M.NOUSHAD, HINDI TEACHER, S.M.U.P.SCHOOL, TANUR, MALAPPURAM DISTRICT. BY ADVS. SRI.P.C.SASIDHARAN, SRI.E.S.ASHRAF. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, TANUR, MALAPPURAM-676 302. 3. THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM DISTRICT-676 302. 4. THE MANAGER, S.M.U.P.SCHOOL, TANUR, MALAPPURAM DISTRICT-676 302. 5. THE HEAD MISTRESS, S.M.U.P.SCHOOL, TANUR, MALAPPURAM DISTRICT-676 302. 6. FOUSIYA MADAMPATT, JUNIOR HINDI TEACHER, S.M.U.P.SCHOOL, TANUR-676 302. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19964/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 20/06/2008 OF THE DEPUTY DIRECTOR. EXT.P.2: COPY OF THE ORDER DTD. 15/04/2009 OF THE A.E.O., TANNUR. EXT.P.3: COPY OF THE C.O. (RT).NO.4041/2009/C. EDN. DTD. 26/09/2009. EXT.P.4: COPY OF THE ORDER PASSED BY THE MANAGER. EXT.P.5: COPY OF THE APPEAL PETITION. EXT.P.6: COPY OF THE ENQUIRY REPORT BY THE SUCCESSOR IN OFFICE OF THE A.E.O. EXT.P.7: COPY OF THE ORDER DTD. 17/05/2011 OF THE R.2. EXT.P.8: COPY OF THE REVISION PETITION DTD. 27/06/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19964/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner who was removed from service has filed a revision petition before the Government as per Ext.P8 challenging the order passed by the Deputy Director of Education as per Ext.P7. 2. The Deputy Director of Education passed Ext.P7 order when the petitioner challenged the order passed by the Assistant Educational Officer along with the enquiry report. Various grounds have been stated in the writ petition and in the revision petition. Learned counsel invited my attention to the findings rendered in Ext.P7 by the Deputy Director of Education and the fact that the Manager has already filled up the vacancy caused due to the removal of the petitioner from service. Since the writ petition is being disposed of with the direction to consider the revision petition, I am not considering anything on the merits of the matter as all the contentions are open for consideration by the Government itself. W.P.(C). No.19964/2011 -:2:- 3. The petitioner was continuing as a Hindi Teacher in the schoo1. It is submitted by the learned counsel for the petitioner that even the order of suspension was interfered with by the Assistant Educational Officer finding that the suspension was not warranted. Various findings in the enquiry report are also under challenge in the revision petition. 4. It is upto the Government to consider the contentions when the revision petition is disposed of. 5. Learned Government Pleader submitted that the revision petition is only dated 28/06/2011 and sufficient time will be required to call for the details and post the matter for hearing. 6. In that view of the matter, there will be a direction to the Government to consider and pass orders on Ext.P8 revision petition after hearing the petitioner as well as respondent Nos.4 and 6 within a period of four months from the date of receipt of a copy of this Judgment. It is made clear that the appointment of the sixth respondent in the vacancy caused due to the removal of the petitioner will be W.P.(C). No.19964/2011 -:3:- subject to the outcome of the decision of the Government. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms