IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31882 of 2010(I)
1. SARIKA.E., PHYSICAL EDUCATION TEACHER,
... Petitioner
Vs
1. STATE OF KERALA - REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/11/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.31882 of 2010
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Dated this the 22nd day of November, 2010
JUDGMENT
Kuttamboor High School, Thamarassery, is a newly
opened school, which necessitates appointment of a protected
teacher as per the Government Orders in force. On 31.3.2008,
on the retirement of a Physical Education Teacher, a vacancy
arose. Another vacancy of Urdu Teacher arose on 31.5.2008 as
a result of the retirement of an Urdu Teacher. The Manager
appointed the petitioner as Physical Education Teacher and one
Noushad as Part Time Urdu H.S.A.. The District Educational
Officer rejected the proposal for approval of the aforesaid two
teachers. On appeal, the Deputy Director of Education passed
an order dated 7.7.2009 to approve the appointment of the
petitioner. Accordingly, the District Educational Officer
approved the appointment of the petitioner. The Deputy
Director of Education also directed to approve the appointment
of T.K.Noushad on daily wage basis. It would appear that
WPC No.31882/2010 2
Noushad filed a Writ Petition before the High Court. The High
Court directed the Deputy Director to take a final decision after
hearing all the affected parties and considering all the relevant
facts.
2. The Director of Public Instruction, probably invoking
the jurisdiction under Rule 8A of Chapter XIVA KER, passed Exhibit
P4 order dated 23.9.2010 setting aside the order dated 10.2.2010
passed by the District Educational Officer approving the
appointment of the petitioner. Exhibit P4 is under challenge in
this Writ Petition.
3. The learned counsel for the petitioner also submitted
that consequent on Exhibit P4, the District Educational Officer has
initiated proceedings for recovery of the salary drawn by the
petitioner from 2.6.2008 to 31.8.2010.
4. The learned Government Pleader submitted that
Exhibit P4 order is revisable under Rule 92 of Chapter XIVA of the
WPC No.31882/2010 3
Kerala Education Rules. That Exhibit P4 order is revisable under
Rule 92 of Chapter XIVA KER is not in dispute. However, the
learned counsel for the petitioner submitted that in the peculiar
facts and circumstances of the case, in spite of having an
alternative remedy, the Writ Petition is liable to be entertained.
He also submitted that as per Exhibit P10 order, proceedings have
been initiated for recovery of the salary already drawn by the
petitioner.
5. In the facts and circumstances of the case, I am of the
view that the petitioner should be relegated to the alternative
remedy available to him under Rule 92 of Chapter XIVA of the
Kerala Education Rules. Since the petitioner has an effective
alternative remedy, I do not think it is necessary to entertain the
Writ Petition at this stage. However, the petitioner contended
that if the proceedings for recovery of the salary drawn by the
petitioner for the period from 2.6.2008 to 31.8.2010 is proceeded
with, she would be put to great hardship. In these circumstances,
I am of the view that until the matter is decided by the
WPC No.31882/2010 4
Government in a revision to be filed by the petitioner before the
Government under Rule 92 of Chapter XIVA of the Kerala
Education Rules, the proceedings for recovery initiated as per
Exhibit P10 are liable to be kept in abeyance. The petitioner shall
file the revision before the first respondent within a period of
three weeks. The first respondent shall dispose of the revision in
accordance with law. Till the revision is disposed of, proceedings
for recovery of the salary, as per Exhibit P10, shall be kept in
abeyance. The petitioner shall produce a copy of the Writ
Petition, copy of I.A.No.16009 of 2010 and certified copy of the
judgment before the first respondent.
The Writ Petition is disposed of as above.
K.T.SANKARAN
JUDGE
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