High Court Kerala High Court

Sheeba Jacob vs State Of Kerala Rep. By The … on 3 July, 2009

Kerala High Court
Sheeba Jacob vs State Of Kerala Rep. By The … on 3 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18708 of 2009(G)


1. SHEEBA JACOB, W/O. GEORGE MAMMEN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE SECRETARY
                       ...       Respondent

2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE

3. DEPUTY DIRECTOR (EDUCATION)

4. DISTRICT EDUCATIONAL OFFICER, OFFICE

5. MANAGER, ST. JOHN'S HIGHER SECONDARY

                For Petitioner  :SRI.S.SUBHASH CHAND

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :03/07/2009

 O R D E R
                     T.R. Ramachandran Nair, J.
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                    W.P.(C) No. 18708 of 2009-G
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                Dated this the 3rd day of July, 2009.

                                JUDGMENT

The main prayer in the writ petition is to quash Exts.P9 to P13 orders

issued by respondents 2 and 4 respectively and for a direction to the first

respondent to consider and pass orders on Ext.P14 statutory revision.

2. The petitioner herein was working as H.S.A. (Maths), but was

reverted as UPSA, as per Ext.P1 staff fixation order. Ext.P3 is the revised

staff fixation order which was passed in accordance with Ext.P2 Govt.

Order. The petitioner’s case appears to be that even though she was

reverted, one of her juniors, Smt.C.M. Achamma was retained as H.S.A.

applying 1 : 40 ratio. The petitioner asserts that the principle contained in

Rule 51 of Chapter XIV-A K.E.R. was not adhered to by the respondents.

The Manager had approached the third respondent and later the second

respondent, by filing statutory appeals. Petitioner had filed a revision

challenging it. Ext.P9 is the order passed by the second respondent and

Ext.P13 is the consequent order passed by the District Educational Officer.

In these orders, the alleged defects in the staff fixation order for the year

2005-06 was directed to be rectified. In view of the orders Exts.P9 and

18708/2009 2

P13, the petitioner is facing recovery of salary paid.

2. Heard learned counsel for the petitioner and the learned Govt.

Pleader.

3. In the light of the fact that Ext.P14 is pending which has been

filed before the Government and as the petitioner seeks for a direction to

dispose of the same expeditiously as she is facing recovery, there will be a

direction to the first respondent to take a decision on Ext.P14 after hearing

the petitioner and the Manager, within a period of three months from the

date of receipt of a copy of this judgment. Pending disposal of Ext.P14

revision petition, any recovery proceedings sought for against the petitioner

will be kept in abeyance. The petitioner will produce a copy of the writ

petition along with a copy of this judgment before the first respondent for

compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/