IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 1249 of 2011(E) ------------------------- PETITIONER(S): --------------- 1. MAYA.R, UPPER PRIMARY SCHOOL ASSISTANT, S.N.M HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM.P.O (UNDER ORDERS OF RETRENCHMENT), VALLATTUTHARA HOUSE, VAVAKKAD, MOOTHAKUNNAM.P.O, NORTH PARAVUR. 2. SAJITH.P.R, UPPER PRIMARY SCHOOL ASSISTANT, S.N.M HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM.P.O (UNDER ORDERS OF RETRENCHMENT), POKKANCHERY, MOOTHAKKUNNAM.P.O, ERNAKULAM DISTICT. 3. SEENA.P.L, UPPER PRIMARY SCHOOL ASSISTANT, S.N.M HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM.P.O (UNDER ORDERS OF RETRENCHMENT), SWAPNALAYA, PAZHAMPILLISSERY KADAVATH ROAD, NORTH PARAVUR. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 014. 2. DEPUTY DIRECTOR (EDUCATION), ERNAKULAM, KAKKANAD, PIN - 682 030. 3. ASSISTANT EDUCATIONAL OFFICER, NORTH PARAVUR, PIN - 683 513. 4. THE CORPORATE MANAGER, S.N.M GROUP OF SCHOOLS UNDER THE MANAGREMENT OF H.M.D.P SABHA, MOTHAKUNNAM, PIN - 683 516. R1 TO R3 BY G.P. SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1249 of 2011-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2011. JUDGMENT The petitioners were appointed as per Exts.P1 to P3 as UPSA in the school managed by the fourth respondent. The appointments have been approved as evidenced by Exts.P1 to P3 orders. The Manager is having two schools, viz. S.N.M. L.P. School, Maliankara and S.N.M. Higher Secondary School, Moothakunnam. 2. The main grievance is regarding the staff fixation order issued for the current year. It appears that when the staff fixation order for the year 2010-2011 in respect of S.N.M.L.P. School was issued, the Asst. Educational Officer, North Parur reduced four posts of LPSA in that school, by his order dated 13.8.2010. The Manager had filed appeal against the said order before the Deputy Director of Education and the appeal was rejected directing the Manager to appoint the four LPSAs of S.N.M. L.P. School, Maliankara based on common seniority in the U.P. Section of S.N.M. HSS, Moothakunnam The same is evident from Ext.P4. The petitioners have approached the Director of Public Instruction by filing a review petition invoking Rule 12(E)(3) of Chapter XXIII KER, copies of wpc 1249/2011 2 which are produced as Exts.P5 to P7. It is pointed out that in the meanwhile the petitioners were retrenched from service as per Ext.P8 order dated 10.1.2011 which is effective from 15.7.2010. The petitioners pray that the Director of Public Instruction be directed to take a decision on Exts.P5 to P7 expeditiously, in the light of the above factual scenario. 2. There will be a direction to the first respondent to take a decision on Exts.P5 to P7 review petitions after hearing the petitioners and the Manager and any other affected teachers, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile there will be a direction to the Manager to retain the petitioners in the school but without payment of salary. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/