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C.SILAJA DEVI, W/O.P.GOPINATHAN versus THE DIRECTOR OF PUBLIC INSTRUCTION

High Court of Kerala

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C.SILAJA DEVI, W/O.P.GOPINATHAN v. THE DIRECTOR OF PUBLIC INSTRUCTION - WP(C) No. 22181 of 2007(N) [2007] RD-KL 13475 (19 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22181 of 2007(N)

1. C.SILAJA DEVI, W/O.P.GOPINATHAN,
... Petitioner

Vs

1. THE DIRECTOR OF PUBLIC INSTRUCTION,
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE MANAGER, CORPORATE EDUCATIONAL

5. THE HEADMASTER, HOLY CROSS HIGH SCHOOL,

For Petitioner :SRI.V.A.MUHAMMED

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :19/07/2007

O R D E R

A.K.BASHEER, J.

W.P.(C)No.22181 OF 2007

Dated this the 19th day of July, 2007



JUDGMENT

Petitioner, who is working as High School Assistant in one of the schools under the management of respondent no.4, has preferred this writ petition contending inter alia that the order passed by respondent no.3 cancelling the post of HSA (Social Studies) with retrospective effect is totally illegal and vitiated.

2. It is the admitted position that petitioner has preferred Ext.P7 revision petition against Ext.P6 order passed by respondent no.3 under rule 12-E (3) of Chapter XXIII Kerala Education Rule. That being the position, I am satisfied that the revisional authority has to take a decision in the matter.

3. Therefore, this writ petition is disposed of with a direction to respondent no.1 to consider and pass orders on Ext.P7 strictly on its merit and in accordance with law as expeditiously as possible, at any rate, within two months from W.P.(C)No.22181 OF 2007 the date of receipt of a copy of this judgment. It will be open to the petitioner to approach the revisional authority for appropriate interim orders, if so advised.

4. Respondent no.1 shall ensure that the petitioner, respondent no.4 and all others who are likely to be affected by any order that may be passed, are afforded sufficient opportunity to be heard before any decision is taken in the matter. Petitioner shall produce a copy of the writ petition along with a certified copy of the judgment before respondent no.1 for compliance. Writ petition is disposed of as above.

A.K.BASHEER, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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