IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 33417 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ RINCY J.PULIKKEN, W/O.C.V.MANOJ, AGED 27 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, A U P SCHOOL, MAROTTICHAL, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMSA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR - 680 003. 4. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST - 680 005. 5. THE MANAGER, A U P SCHOOL, MAROTTICHAL, THRISSUR - 680 014. R1 TO R4 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.33417 of 2010 ------------------------------ Dated this the 12th day of November, 2010 JUDGMENT The petitioner is working as LPSA in A U P School, Marottichal since 6.7.2004. It is stated that she was appointed against a regular retirement vacancy. As per Ext.P2 staff fixation order for the academic year 2010-2011, one post of LPSA was abolished for want of students strength. The case of the petitioner is that she is eligible for retention in the parent school under protection since she is in charge of Guides, as per GO(P) No.403/2002/G.Edn. dated 4.12.2003. It is stated that overlooking the fact that the petitioner is entitled to be retained in the same school, she was ordered to be retrenched from service. Aggrieved by Ext.P2 staff fixation order, the petitioner has filed Ext.P7 before the Director of Public Instruction,under Rule 12(E)(3) of Chapter XXIII of W.P.(C).No.33417 of 2010 2 the Kerala Education Rules. Ext.P7 is pending disposal. 2. The learned counsel for the petitioner submitted that for the time bing, the petitioner would be satisfied, if Ext.P7 is directed to be disposed of within a time frame. Accordingly, the Writ Petition is allowed in part and it is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Ext.P7 revision dated 27.9.2010 submitted by the petitioner, as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the 5th respondent-Manager. W.P.(C).No.33417 of 2010 3 b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. c) The petitioner shall also send a copy of the Writ Petition and copy of the judgment by registered post to the 5th respondent-Manager and the petitioner shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms