IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33010 of 2009(U)
1. T.K.BALAKUMAR, S/O.NARAYANAN,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. SMT.K.V.VASANTHA PRABHA, HEADMISTRESS
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :26/11/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.33010/2009-U
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Dated this the 26th day of November, 2009
J U D G M E N T
The petitioner herein is the Manager of an Upper
Primary School. The third respondent-Assistant Educational
Officer issued staff fixation for the year 2008-09
granting, inter alia, 14 divisions. Later, a Super Check
Cell from the Directorate of Public Instruction visited the
school on the basis of a complaint regarding bogus
admission and irregular fixation of staff for the academic
year 2008-09 of the school and, ultimately, Ext.P1 order
has been passed by the Director of Public Instruction
resulting in retrenchment of one Smt.K.Rajitha, L.P.S.A of
the school with effect from 15/07/2008. The petitioner had
to place the fourth respondent under suspension, as per
Ext.P3, due to the above controversies. The fourth
respondent did not handover charge to the Headmaster-in-
charge as per Ext.P4. The petitioner thereafter moved the
Assistant Educational Officer to grant sanction to continue
suspension of the fourth respondent beyond 15 days. The
third respondent ordered reinstatement of the fourth
respondent as per Ext.P6 order. Challenging the same, the
petitioner has filed Ext.P7 statutory revision before the
Government along with a petition for stay [Ext.P7(a)]. It
W.P.(C). No.33010/2009
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is prayed that in the light of the fact that urgent orders
are required, a direction may be issued to the first
respondent to take a decision on Ext.P7 revision petition
and on the stay petition, Ext.P7(a), within a time frame.
2. Heard the learned Government Pleader. It is
submitted by the learned Government Pleader on instructions
that the said revision petition and stay petition have
already been received.
3. There will be a direction to the first respondent
to take a decision on Ext.P7 within a period of four months
from the date of receipt of a copy of this Judgment.
Meanwhile the stay petition, Ext.P7(a), will be considered
with notice to the fourth respondent within a period of
three weeks. The petitioner will forward a copy of the
Judgment along with a copy of the Writ Petition to the
first respondent for compliance. The writ petition is
disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms