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