IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34074 of 2009(D)
1. ASHA RANI,
... Petitioner
Vs
1. THE MANAGER,
... Respondent
2. D.E.O, MAVELIKKARA.
For Petitioner :SRI.R.KRISHNA RAJ
For Respondent :SRI.GEORGE JACOB (JOSE)
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2010
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
W.P(C).No.34074 of 2009
---------------------------------------------
Dated this the 5th day of October, 2010
JUDGMENT
The petitioner alleges that while working as Computer
Instructor in Bhuvaneswari Higher Secondary Education, which
is a recognised school managed by the first respondent, she was
not allowed to sign the attendance register. According to the
petitioner, she had applied for leave and the Manager had
agreed to sanction the same. However, when she went to the
school after the leave period, she was not allowed to join duty.
Since the petitioner could not continue her duty as a teacher,
she approached the District Educational Officer who passed
Ext.P6 order dated 23.10.2009 directing the Manager to
reinstate the petitioner in service. The District Educational
Officer found that the petitioner was working in the school for
the last four years and that admittedly there was no complaint
from the students or the parents. The Manager challenged
Ext.P6 order before the Deputy Director of Education. The
Deputy Director passed Ext.P8 order dated 20.2.2010 confirming
WPC No.34074 of 2009 2
the order passed by the District Educational Officer.
2. The Writ Petition was filed for the relief of reinstating
the petitioner on the basis of Ext.P6 order. Later, Ext.P8 order
was passed by the Deputy Director.
3. The learned counsel appearing for the Manager
submitted that against Ext.P8 order passed by the Deputy
Director, the Manager has filed a revision dated 27.7.2010
(Ext.R1-A) before the Government and that the said revision is
pending. The learned counsel for the petitioner submitted that
Ext.P8 order was passed on 20.2.2010 and copy of that order
was produced in the Writ Petition on 7.7.2010 along with
I.A.No.9289 of 2010. The Manager did not file revision till he
received notice by special messenger in this Writ Petition, on
14.7.2010. The learned counsel appearing for the Manager
submitted that it is true that the revision was field after the
notice was received in the Writ Petition.
4. It is fairly clear that the matter is now pending before
the Government. Therefore, I do not think it is necessary to
consider the Writ Petition on the merits. It is sufficient, to
secure the ends of justice, to direct the additional third
WPC No.34074 of 2009 3
respondent to dispose of Ext.R1-A revision within a period of two
months from the date of receipt of a copy of the judgment.
Accordingly, the Writ Petition is disposed of as follows:
The additional third respondent shall dispose of Ext.R1-A
revision dated 27.7.2010 filed by the Manager, as expeditiously
as possible and at any rate, within a period of two months from
the date of receipt of a copy of the judgment after affording an
opportunity of being heard to the petitioner and the Manager.
K.T.SANKARAN,
JUDGE
csl