IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 10359 of 2011(T) -------------------------- PETITIONER: ------------------- MINI GOPALAKRISHNAN, AGED 34, W/O.SHAJI VIJAYAN, UPPER PRIMARY SCHOOL ASSISTANT (UPSA), YOGINIMATHA GIRLS' HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD 678 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD 678 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 4. THE MANAGER, YOGINIMATHA GIRLS' HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT 678 506. 5. SMT.S.K.SANGEETHA, TEACHER, YOGINIMATHA GIRLS' HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT 678 506. R1 TO 3 BY SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD R4 BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10359 of 2011(T) ----------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DT. 2.7.2007 EXT.P2. COPY OF GOVERNMENT ORDER, G.O. (RT) 2563/07/G.EDN DATED 6.6.2007. EXT.P3. COPY OF THE COMMUNICATION ISSUED BY THE MANAGER TO THE HEADMISTRESS OF THE SCHOOL EXT.P4. COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD, DATED 9.2.2011 EXT.P5. COPY OF GOVERNMENT ORDER, G.O. (MS) 42/11/G.ED. DATED 16.2.2011 EXT.P6. COPY OF REPRESENTATION DATED 18.2.2011 SUBMITTED BY THE PETITIONER TO THE DISTRIT EDUCATIONAL OFFICER, PALAKKAD. RESPODNENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.10359 Of 2011-T ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2011 J U D G M E N T The challenge is against Exhibit P4 order by which the petitioner is ordered to be retrenched being the junior Lower Primary School Assistant. Accordingly it was directed that the salary of the petitioner will be withheld. 2. It is mainly contended that the above direction cannot be supported in the light of the fact that the petitioner is an Upper Primary School Assistant and is not liable for retrenchment consequent on reduction of any post of Lower Primary School Assistant. 3. It is submitted that the petitioner may be allowed to file a revision petition against Exhibit P4 before the Director of Public Instruction. 4. Therefore, if the petitioner files a revision Petition within three weeks, the same will be entertained and appropriate orders will be passed by the Director of Public Instruction within two months thereon, after hearing the petitioner, the Manager W.P.(C)No.10359/11 -2- and the 5th respondent. Since the Director of Public Instruction is not a respondent herein, the petitioner will forward a copy of the Writ Petition along with a copy of the judgment to the Director of Public Instruction. All the legal contentions raised by both parties are left open. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn