The petitioner, a teacher working in the Seethi Sahib Memorial High School, has filed this writ petition challenging Ext.P5 staff fixation order dated 13.05.2014 issued by the District Educational Officer, Irinjalakuda and Ext.P6 letter dated 13.05.2014 sent by him to the Headmaster of the school where she is working, informing her that the petitioner is not eligible for salary and allowances with effect from April, 2014. In the alternative, the petitioner prays for a writ in the nature of mandamus commanding the Director of Public Instruction, Thiruvananthapuram to consider Ext.P8 revision petition filed by her and pass orders thereon within a time limit to be fixed by this Court. 2. Rule 12(E)(3) of Chapter XXIII of the KER empowers the Director of Public Instruction to revise staff fixation orders. Ext.P5 staff fixation order was passed on 13.05.2014. Ext.P8 revision petition is dated 03.06.2014.
2. In such circumstances, as the petitioner has already invoked the revisional jurisdiction of the Director of Public Instruction, I am of the opinion that the Director of Public Instruction should consider the revision petition on the merits and pass appropriate orders. In view of the fact that by Ext.P6 letter, the District Educational Officer has W.P.(C) No. 15470/2014 -2-
informed the Headmaster of the school where the petitioner is working that he will not be entitled for salary and allowances with effect from April, 2014, expeditious orders should be passed on the revision petition. I accordingly dispose of the writ petition with a direction to the Director of Public Instruction to consider and pass orders on Ext.P8 revision petition, if the original thereof has been received, expeditiously and in any event within an outer limit of three months from the date on which the petitioner produces a copy of this judgment along with a copy of this writ petition complete in all aspects before him. The Director of Public Instruction shall before disposing of the revision petition, issue notice to and afford the petitioner, the District Educational Officer concerned and the Manager of the school an opportunity of being heard and shall after orders are passed, communicate copies thereof to all the parties. If during the course of hearing, the Director of Public Instruction is of the opinion that any other teacher or teachers should also be heard for the reason that the final outcome may affect him or her, the Director of Public Instruction shall issue notice to such other teacher or teachers and shall also afford them an opportunity of being heard. It will be open to him in that event, to move this Court for enlargement of time.
sd/- P. N. RAVINDRAN, JUDGE.
rv