IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 16896 of 2010(J) --------------------------------- PETITIONER(S): ------------------- LEENA D., MUSIC TEACHER, PADMANABHODAYAM HIGHER SECONDARY SCHOOL, MEZHUVELI PO, PATHANAMTHITTA DISTRICT. BY ADVS. SMT.P.V.ASHA SMT.VINEETHA B. RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 4. DISTRICT EDUCATIONAL OFFICER,TIRUVALLA. 5. MANAGER, S.N.TRUST SCHOOLS, P.B.NO.63, KOLLAM 691 001. R1 TO T4 BY GOVERNMENT PLEADER SMT. M.T.SHEEBA R5 BY ADV. SRI.A.N.RAJAN BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16896/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DATED 06/06/2001 ISSUED TO PETITIONER. P2: COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2006-2007. P3: COPY OF APPEAL DATED 17/10/2006 OF PETITIONER. P4: COPY OF THE ORDER NO.B3-16216/06 DATED 04/01/2007 OF THE 3RD RESPONDENT. P5: COPY OF THE REVISION DATED 27/01/2007 OF PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF ORDER NO.D.DIS.12145/07/RA(1)/DPI DATED 20/06/2007 OF THE 2ND RESPONDENT. P7: COPY OF THE REVISION PETITION DATED 13/08/2007 OF PETITIONER. P8: COPY OF THE GOVERNMENT LETTER NO.6859/K3/2008/G.EDN. DATED 24/06/2008. P9: COPY OF ARGUMENT NOTE DATED 11/11/2008 OF PETITIONER. P10: COPY OF GOVERNMENT LETTER NO.49498/K3/2008/G.EDN. DATED 17/09/2009. P11: COPY OF THE PETITION DATED 24/11/2009. P12: COPY OF G.O.(Rt)NO.95/2009/G.EDN. DATED 05/01/2009. P13: COPY OF THE G.O.(MS)NO.525/95/G.EDN. DATED 28/10/1995. P14: COPY OF TIME TABLE FOR THE YEAR 2006-07 PRESCRIBED BY THE HEADMASTER. RESPONDENT'S EXHIBITS: R1: COPY OF G.O.(P)NO.226/03/G.EDN. DATED 14/08/2003. R5(a):COPY OF PROPOSAL FOR STAFF FIXATION IN RESPECT OF S.N.T.H.S.S. KOLLAM FOR THE YEAR 2011-2012 SUBMITTED TO DEO KOLLAM. R5(b):COPY OF PROPOSAL FOR STAFF FIXATION IN RESPECT OF S.N.H.S.S. CHATHANNOOR FOR THE YEAR 2011-2012 SUBMITTED TO DEO KOLLAM. /TRUE COPY/ P.A. TO JUDGE. svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16896 of 2010 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2011. JUDGMENT The writ petition is filed by the petitioner who was appointed as a Music Teacher seeking to challenge the order abolishing the post. After the filing of the writ petition, there are various subsequent developments. The learned counsel, therefore, prayed that the writ petition may be disposed of with a direction to take a fresh decision in the light of these developments. 2. Along with I.A. No.17705/2011, the Manager has produced some additional documents, viz. Exts.R5(a) and R5(b) which are proposals for staff fixation in respect of S.N.T.H.S.S., Kollam and and S.N.H.S.S., Chathannoor for the year 2011-2022. It is averred that the Manager has requested the District Educational Officer to create one post of Music Teacher each in these schools and the details have been forwarded along with the request. 3. In that view of the matter, there will be a direction to the Deputy Director of Education, viz. the third respondent herein, to consider the request made by the Manager and pass appropriate orders after hearing the petitioner and the Manager, within a period of two months from the date of wpc 16896/2010 2 receipt of a copy of this judgment. All the legal contentions are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/