IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 11501 of 2008(T) --------------------------------------- PETITIONER(S): ---------------------- 1. V. SUMA, HIGH SCHOOL ASSISTANT (H.S.A) (NOW REVERTED TO UPPER PRIMARY SCHOOL ASSISTANT (UPSA), KTM HIGH SCHOOL, MANNARKKAD PALAKKAD DISTRICT. 2. T. SANDHYA, HIGH SCHOOL ASSISTANT (H.S.A) (NOW REVERTED TO UPPER PRIMARY SCHOOL ASSISTANT (UPSA), KTM HIGH SCHOOL, MANNARKKAD PALAKKAD DISTRICT. 3. C.P. SUNANDA UPPER PRIMARY SCHOOL ASSISTANT (UPSA) (NOW RETRENCHED FROM SERVICE), KTM HIGH SCHOOL MANNARKKAD, PALAKKAD DISTRICT. 4. P. RAGHUNATH UPPER PRIMARY SCHOOL ASSISTANT (UPSA) (NOW RETRENCHED FROM SERVICE), KTM HIGH SCHOOL MANNARKKAD, PALAKKAD DISTRICT. 5. C.S. DIVYA UPPER PRIMARY SCHOOL ASSISTANT (UPSA) (NOW RETRENCHED FROM SERVICE), KTM HIGH SCHOOL MANNARKKAD, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD. WP(C).No. 11501 of 2008(T) 2. SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11501 of 2008(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STAFF FIXATION ORDER ISSUED BY THE D.E.O., PALAKKAD FOR KTM HIGH SCHOOL, MANNARKKAD FOR THE ACADEMIC YEAR 2006-07. EXT.P2: COPY OF THE REVISED STAFF FIXATION ORDER DATED 07/12/2007 FOR KTM HIGH SCHOOL, MANNARKKAD ISSUED BY THE D.E.O., PALAKKAD. EXT.P3: COPY OF THE STAFF FIXATION ORDER FOR KTM HIGH SCHOOL, MANNARKKAD FOR THE ACADEMIC YEAR 2007-08 ISSUED BY THE D.E.O., PALAKKAD. EXT.P4: COPY OF THE GOVERNMENT ORDER, G.O.(P).4/05/G.EDN. DATED 04/01/2005. EXT.P5: COPY OF THE CIRCULAR DATED 24/03/1999 ISSUED BY THE GOVERNMENT. EXT.P6: COPY OF THE GOVERNMENT ORDER, G.O.(P) NO.12/08/G.EDN. DATED 09/01/2008. EXT.P7: COPY OF THE GOVERNMENT ORDER, G.O.(RT)NO.2596/08/G.EDN. DATED 09/06/2008. EXT.P8: COPY OF THE GOVERNMENT ORDER, G.O.(RT)NO.2716/09/G.EDN. DATED 03/07/2009. EXT.P9: COPY OF THE JUDGMENT IN WP(C) NO. 20147/08 DATED 17/06/2010. EXT.P10: COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DATED 11/01/2011. EXT.P11: COPY OF THE REPRESENTATION DATED 08/02/2011 SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11501/2008-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of March, 2011 J U D G M E N T The petitioners are working in KTM High School, Mannarkkad, Palakkad District. They have approached this Court aggrieved by Ext.P4 order passed by the Government. It is a case where the petitioners seek for the benefit of protection under 1:40 ratio. 2. The learned counsel for the petitioners submitted that subsequent to the filing of the writ petition, the petitioners have filed a representation before the Government as per Ext.P11. They have raised various contentions in Ext.P11 for consideration of the Government. It is pointed out that in Ext.P9 Judgment, there is a direction to the Government to reconsider the revision petition filed by the petitioner therein, namely, the first petitioner herein. 3. In that view of the matter, there will be a direction to the Government to consider and pass orders on Ext.P11, especially, in the light of the directions in Ext.P9 Judgment after hearing all the parties within a period of four months from the date of receipt of a W.P.(C). No.11501/2008 -:2:- copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms