IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 RP.No. 134 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WA.589/2008 DATED 16/06/2008 .................... PETITIONERS/RESPONENTS 4 & 6. ------------------------------------------------- 1. THE MANAGER, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR . 2. THE PRINCIPAL, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR . BY ADV. MR.BABU VARGHESE MR.JOHNSON T. JOHN RESPONDENTS/APPELLANT&RESPONDENTS 1 TO 3 & 5. ----------------------------------------------------------------------------------- 1. P.N. JAYASREE, PART TIME LECTURER DEPARTMENT OF BOTANY, MARTHOMA COLLEGE FOR WOMEN PERUMBAVOOR, NOW ON DEPLOYMENT AS HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT H.S.S., PULIYANAM, ANGAMALY ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS THIRUVANANTHAPURAM. 4. THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY, KOTTAYAM. RP.No. 134 of 2009 5. THE PRINCIPAL , GOVERNMENT HIGHER SECONDARY SCHOOL MULANTHURUTHY, ERNAKULAM DISTRICT. R2 & R3 BY GOVERNMENT PLEADER R4 BY ADV. MR.T.A.SHAJI, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ J.B.KOSHY, Ag.C.J. & P.N.RAVINDRAN, J. -------------------------------------- R.P.No.134 of 2009 in W.A.No.589 of 2008 ------------------------------------- Dated 27th February, 2009 ORDER Koshy, Ag.C.J . In the judgment under review we have held as follows: “She is admittedly a claim holder and entitled for deployment when declared excess due to de-linking of Pre-degree. We are of the opinion that since she was a valid claim holder at the time when pre- degree course was de-linked and deployed to Higher Secondary School correctly, she is entitled to salary and writ petitio ought to have been allowed by the learned Single Judge. We make it clear that it is for the Government to post or transfer her as per rules in appropriate vacancies, if there is no vacancy in the school now she is working.” J.B.KOSHY ACTING CHIEF JUSTICE P.N.RAVINDRAN JUDGE tks