IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 20468 of 2009(C) --------------------------------------- PETITIONER: ------------------- DEENAMMA CHACKO, AGED 42 YEARS, W/O. ROY MATHEW, UPPER PRIMARY SCHOOL ASSISTANT, M.P.VOCATIONAL HIGHER SECONDARY SCHOOL, KUMBAZHA, PATHANAMTHITTA DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. THE MANAGER, M.P.VOCATIONAL HIGHER SECONDARY SCHOOL, KUMBAZHA, PATHANAMTHITTA. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20468/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P).NO.73/2006/G. EDN. OF THE GOVT. DTD. 18/02/2006. EXT.P.2: COPY OF THE APPEAL FILED BY THE MANAGER DTD. 22/05/2008. EXT.P.3: COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN W.P.(C). NO.37294/2008-M DTD. 20/03/2009. EXT.P.4: COPY OF THE ORDER NO. ET3-24002/2009/DPI/K.DIS. OF THE R.2. DTD. 09/06/2009. EXT.P.5: COPY OF THE REPRESENTATION FILED BEFORE THE GOVT. DTD. 24/06/2009. EXT.P.6: COPY OF THE CIRCULAR NO.74101/J2/2004/G. EDN. OF THE GOVERNMENT DTD. 24/01/2005. EXT.P.7: COPY OF THE G.O.(RT).NO.3776/06/G.EDN. OF THE GOVT. DTD. 24/08/2006. EXT.P.8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.2563/2008 DT. 24/09/2008. EXT.P.9: COPY OF THE -DO- IN W.P.(C).NO.8039/2008 DT. 01/06/2009. EXT.P.10: COPY OF THE DECISION REPORTED IN 2009 (2) K.L.J. 402 DTD. 01/04/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20468 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2009. JUDGMENT The petitioner herein is working as UPSA under the fifth respondent manager. She was initially appointed as such from 12.12.1997 to 31.3.1998 against a leave vacancy. The said appointment was approved. Based on the claim under Rule 51A of Chapter XIV-A K.E.R., the petitioner was again appointed as UPSA from 1.6.1998 onwards. This appointment has also been approved and she is continuing. There were some re- arrangement in the school during the academic year 2007-08. The petitioner has been accommodated in a vacancy which arose on 15.7.2007, since during the said academic year one post of U.P.S.A. was reduced. The complaint raised by the petitioner is that the salary of the petitioner from 15.7.2007 is withheld. Ext.P2 is the revision submitted by the manager before the first respondent, in the matter. Learned counsel for the petitioner submits that the first respondent may be directed to take a decision on Ext.P2 within a time frame. 2. There will be a direction to the first respondent to take a decision on Ext.P2 after hearing the petitioner and the manager and any other wpc 20468/2009 2 affected parties, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/