High Court Kerala High Court

Leya vs State Of Kerala on 8 April, 2010

Kerala High Court
Leya vs State Of Kerala on 8 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1353 of 2008(J)


1. LEYA, RETRENCHED HIGH SCHOOL ASSISTANT,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. SMT.R.RENCHU, W/O.SRI.P.SURESH,

5. SMT.BINDU P.M.

6. THE CORPORATE MANAGER,

                For Petitioner  :SRI.N.P.SAMUEL

                For Respondent  :SRI.A.N.RAJAN BABU, SC, S.N.TRUST

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :08/04/2010

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN,J.
         ...................................................................
                      WP(C) NO. 1353 of 2008
                     .........................................

             Dated this the 8th day of April, 2010

                             J U D G M E N T

The petitioner and respondents 4 and 5 are High

School Assistants (Maths) in SN Trust Higher Secondary

School. According to the petitioner, she is senior to

respondents 4 and 5, but she has been retrenched as an

excess. Certain controversies had also arisen relating to the

alleged appointment of the fourth respondent, Smt. R.

Renju. She carried that issue to the Government and it is

pending at that end as a revision petition. The plea of the

petitioner against the retrenchment is based on issues of

facts which have to be ultimately answered by the statutory

authority in terms of the Kerala Education Act,1958 and the

Kerala Education Rules, 1959. The petitioner has alternate

efficacious remedy by filing a revision before the

Government. Therefore, though this writ petition was

admitted in January 2008, having regard to the fact that a

WP(C) NO. 1353 of 2008
2

revision is now pending with the Government, I am inclined

to relegate the petitioner to the Government itself; more so

because of the disputed questions of facts arising for

decision in the petitioner’s case.

Therefore, it is ordered that if the petitioner files a

revision before the Government within two weeks from the

date of receipt of a copy of this judgment, the Government

will consider such revision in accordance with law. Let final

decision be taken by the Government within a period of four

months since the petitioner stands retrenched. It is

clarified that nothing is stated on merits in this writ

petition. The Government will ensure that necessary

parties are given notice and are provided sufficient

opportunity of being heard in relation to the matter. The

writ petition is ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN
JUDGE.

rkc