The writ petitioner is a Rule 51 A claimant under Chapter XIV A of the Kerala Education Rules ( hereinafter referred to as the “Rules”) under the Corporate Educational Agency of C.S.I. Diocesan Schools (Malabar and Wyanadu Area). Her claim is based on an approved service as temporary UPSA for the period from 13.8.2007 to 313.2008 in B.E.M.U.P.School, Thrikatteri. Thereafter, she was appointed as temporary UPSA for the period from 15.10.2008 to 14.10.2013 in B.E.M.U.P.School, Ponnani against the leave vacancy of one Smt.Sheeja, Muttungal, UPSA. In the meanwhile, the petitioner was retrenched from service with effect from 14.7.2010, so as to retain senior teacher by the order of the Corporate Management. This was challenged in appeal before the Director of Public Instructions and to re-instate the petitioner in the service. The Director of Public Instructions found that the petitioner has no approval in the present appointment and Smt.Sheeba Heldad is an approved teacher. Therefore, the W.P.(C) No.4576 of 2013 2 action of the Corporate Manager adjusting the lien of Smt.Sheeba Heldad, UPSA for the period from 15.7.2010 to 31.5.2011 against the leave vacancy of Smt.Sheeja Muttungal as UPSA in which the petitioner was appointed as temporary UPSA was found justifiable. Therefore, the termination of the petitioner was upheld by the Director of Public Instructions. It is challenging the above order which is produced as Ext.P11, this writ petition is filed. 2. The petitioner has also filed Writ Petition No.5981 of 2013 seeking a direction to implement the order passed by the Assistant Educational Officer, Ponnani. The above order is produced as Ext.P15 in this writ petition. In the above order, it was found that some of the juniors of Smt.Dolly Vincent (writ petitioner) has been appointed in B.E.M.U.P.S, Ponnani and it was ordered that the petitioner shall be appointed in the place of juniors. It was pointed out in the above matter challenging the order of the Assistant Educational Officer, a teacher of the School, namely, Smt.Amritha.M has filed revision before the Director of Public Instructions. Therefore, it was directed in the above writ petition that the revision filed against the order of W.P.(C) No.4576 of 2013 3 the Assistant Educational Officer shall be heard by the Director of Public Instructions.
3. In view of the fact that the issues involved in this writ petition regarding validity of termination, which may have some bearing in the revision filed by Smt.Amritha.M., Ext.P11 is set aside. Accordingly, the Director of Public Instructions is directed to reconsider the termination along with the revision filed by Smt.Amritha.M, third respondent in W.P.(C) No.5981 of 2013. Needless to say that all affected parties shall be heard before final orders to be passed by the Director of Public Instructions. Orders in this regard shall be passed as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
The petitioner in this writ petition shall produce a copy of this judgment along with the copy of the judgment in W.P.(C) No.5981 of 2013 before the Director of Public Instructions for compliance.
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A.MUHAMED MUSTAQUE, JUDGE ln