IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33778 of 2009(N) --------------------------------------- PETITIONER(S): ---------------------- BABY.M.G, UPSA, AUPS, PARAPPUKKARA, THRISSUR DISTRICT. BY ADV. MR.ANIL SIVARAMAN SMT.APARNA RAJAN RESPONDENT(S): ------------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. P. SWAPNA, UPSA, AUP SCHOOL, PARAPPUKKARA. 5. THE MANAGER, AUP SCHOOL, PARAPPUKKARA. R1 & R2 BY SR.GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33778 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2009. JUDGMENT The petitioner is working as UPSA in the school managed by the 4th respondent. The petitioner entered service on 14.5.1993 and the third respondent was appointed in the year 1997 as UPSA. 2. During the year 2006-2007 there were five divisions in the school. But during the staff fixation for the year 2007-2008, one division was abolished for want of students strength, but the petitioner and the third respondent were allowed to continue in the school in terms of 1 : 40 ratio. The petitioner is also relying upon Ext.P2 Govt. Order permitting retention of teachers in charge of scouts and guides in the same school. 3. The dispute herein relates to the non-consideration of Exts.P4 and P5 by the authorities. The staff fixation for this year is evident from Ext.P3, whereby one division is reduced. In these circumstances, the petitioner has approached the District Educational Officer by Ext.P5, seeking her retention in the school. The same was directed to be forwarded to the Deputy Director of Education through the Manager as per Ext.P6 communication by the District Educational Officer. It is averred by the wpc 33778/2009 2 petitioner that already the same stands forwarded to the Deputy Director of Education. 4. Learned Senior Counsel appearing for the petitioner submitted that unless the Deputy Director is not taking a decision immediately, that may put the petitioner to difficulties. Therefore, there will be a direction to the second respondent to take a decision on Ext.P5, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner and respondents 3 and 4. Meanwhile, any proposal to deploy the teachers, will be kept in abeyance till a decision is taken. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/