SAJI VARGHESE Vs. K MOHAMMEDKUTTY

JUDGEMENT

(1.) The appellant was the 5th respondent in the Writ Petition. The 1st respondent herein was the writ petitioner. The main point that arises for decision in this appeal is whether this Court can be moved for a mandamus against the Government to dispose a revision petition, which is yet to be received by it and whether in that Writ Petition, any order, granting interim relief, could be passed by this Court, against the order impugned in that Revision Petition.

(2.) The brief facts of the case the following:

(3.) Pursuant to the issuance of Ext. P1 memo of charges, the Manager suspended the appellant by Ext. P7 order dated 22/07/2009, for a period of 15 days. Motion was made before the AEO, for keeping her under suspension beyond 15 days. The AEO conducted a preliminary enquiry on 05/08/2009 and declined sanction to keep her under suspension beyond 15 days, by Ext. P8 order dated 05/08/2009. The 1st respondent claimed, he filed Ext. P12 revision against Ext. P8 order before the Government under R.92 of Chap.XIVA of the Kerala Education Rules (for short 'KER') on 06/08/2009. Next day, that is on 07/08/2009, he approached this Court, by filing the present Writ Petition, seeking the following reliefs: