IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27094 of 2011(J) -------------------------------------- PETITIONER: ------------------- SHYMA.P.K., AGED 41 YEARS, WIFE OF DAYANANDHAN, LOWER PRIMRY SCHOOL ASSISTANT, KOTTAKKADAPPURAM L.P.SCHOOL, P.O.IRINGAL, VADAKARA SUB DISTRICT, KOZHIKOD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SCRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE P.O., KOZHIKODE-673 020. 4. THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA P.O., VADAKARA, KOZHIKODE DISTRICT, PIN-673 101. 5. THE MANAGER, KOTTAKKADAPPURAM LOWER PRIMARY SCHOOL, P.O.IRINGAL, VADAKARA SUB DISTRICT-673 521, KOZHIKODE DISTRICT. R1 TO R4 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27094/2011-J: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DTD. 24/07/1995. EXHIBIT P2: TRUE COPY OF THE LETTER NO.16592/85/GE OF THE GOVERNMENT DTD. 28/08/1985.. EXHIBIT P3: TRUE COPY OF THE G.O.(P)NO.175/99/G.EDN.OF THE GOVERNMENT DTD. 26/07/1999. EXHIBIT P4: TRUE COPY OF THE G.O.(MS)NO.377/96/G.EDN.OF THE GOVERNMENT DTD. 08/11/1996. EXHIBIT P4(A): TRUE COPY OF THE G.O.(RT) NO.3860/96/G.EDN OF THE GOVERNMENT DTD. 28/11/1996. EXHIBIT P4(B):TRUE COPY OF THE ORDER NO.B3-13816/08/L.DIS.OF THE DEPUTY DIRECTOR DTD. 23/09/2008. EXHIBIT P5: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DTD. 21/04/2003. EXHIBIT P6: TRUE COPY OF THE ORDER NO.G2/25353/08 OF THE 2ND RESPONDENT DTD. 19/01/2009. EXHIBIT P7: TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DTD. NIL. EXHIBIT P8: TRUE COPY OF THE ORDER NO.D.2674/08 OF THE 4TH RESPONDENT DTD. 04/07/2008. EXHIBIT P9: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 07/08/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27094 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2011. JUDGMENT The petitioner is working as a Lower Primary School Assistant. The main prayer in the writ petition is for a direction to the Government to take a decision on Ext.P9 revision petition within a time frame. 2. The revision petition is filed challenging Ext.P8 order passed by the Assistant Educational Officer. What is claimed is right as a protected teacher. In para 6 of the writ petition, the petitioner has averred that she has moved the Director of Public Instruction with a revision petition as per Ext.P5, but no reply was received. Again she approached the Adalath conducted in the presence of the Hon'ble Minister for Education and then she was informed by the Director of Public Instruction that she should file a petition before the Director of Public Instruction within 10 days and thereafter a decision will be taken in the matter. Ext.P6 is the copy of the order issued by the Director of Public Instruction. The petitioner filed a petition before the Director of Public Instruction as per Ext.P7, but no orders have been passed so far. It is submitted that the petitioner thereafter moved the Assistant Educational Officer who passed Ext.P8 order, against wpc 27094/2011 2 which the present revision petition is filed. There will be a direction to the Government to take a decision on Ext.P9 revision petition in accordance with law, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a copy of this judgment before the Government for compliance. (T.R. Ramachandran Nair, Judge.) kav/