IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 997 of 2009(R) ----------------------------------- PETITIONER(S): ------------------------ L.GEETHA DEVI HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE) NOW UNDER PROTECTION IN THE VACANCY OF UPSA, S.H.V.H.S. KARAKKAD, ALAPPUZHA DISTRICT RESIDING AT THUNGA THONNALLOOR PO, PANDALAM. BY ADVS. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MR.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA 4. DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 5. MANAGER S.H.V.H.S, KARAKKAD, ALAPPUZHA DISTRICT. 6. HEADMISTRESS, S.H.V.H.S, KARAKKAD, ALAPPUZHA DISTRICT. 7. ASHA BINDU, UPSA S.H.V.H.S, KARAKKAD, ALAPPUZHA DISTRICT. W.P.(C) NO.997/2009 8. SRI, SUNIL, UPSA S.H.V.H.S, KARAKKAD, ALAPPUZHA DISTRICT. 9. SMT. E.P. SUVARNAKUMAR UPSA,S.H.V.H.S, KARAKKAD, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER MR.MUHAMOOD T.T. FOR R1-4 ADV. MR.M.R.SUDHEENDRAN FOR R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.997/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GO(P) 178/02/G.EDN. DT. 28.6.02. P2:- COPY OF THE LETTER DT. 8.8.05 SENT B THE 5TH RESPONDENT TO THE 3RD RESPONDENT. P3:- COPY OF THE REPORT NO. B2/6679/2005 DT. 10.8.05 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P4:- COPY OF THE ORDER NOP.A4-21529/05 DT. 31.8.05 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE RELIEVING ORDER DT. 4.10.05. P6:- COPY OF THE GO(RT) NO.1962/05/EDN. DT. 16.5.05. P7:- COPY OF THE PROCEEDINGS NO.B2/4932/06 DT. 13.10.06 ISSUED BY THE 4TH RESPONDENT. P8:- COPY OF THE ORDER IN THE PROCEEDINGS DT. 13.7.07 OF THE 4TH RESPONDENT. P9:- COPY OF THE ORDER NO.B3/1727/07/D.EN.DT. 28.2.07 ISSUED BY THE 3RD RESPONDENT. P10:- COPY OF THE GO(P) NO.4/05/G.EDN. DT. 4.1.05. P11:- COPY OF THE ORDER NO.D.DIS19220/07/RA(1)DPI DT. 28.4.07. P12:- COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT. P13:- COPY OF THE LETTER NO.156 DT. 6.4.08. P14:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE IST RESPONDENT IN WPC. NO.13240/08. P15:- COPY OF THE ORDER NO.ET2/39496/08/DPI DT. 8.8.08 OF THE 2ND RESPONDENT. P16:- COPY OF THE STAFF FIXATION ORDER NO.B2-4886/08/D.DIS DT. 18.7.08 FOR THE YEAR 08-09. P17:- COPY OF THE JUDGMENT IN WPC. 13240/08 OF THIS HONOURABLE COURT. P18:- COPY OF THE ORDER NO.B3/16088/08/K.DIS DT. 5.12.08 OF THE 3RD RESPONDENT. P19:- COPY OF THE REVISION AGAINST EXT. P15. P20:- COPY OF THE REVISION AGAINST EXT.P18. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.997/2009-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of June, 2009 J U D G M E N T The petitioner herein is working as a High School Assistant (Social Science) in S.H.V. High School, Karakkad, an aided High School with U.P Section attached in Mavelikkara Educational District. The petitioner is a graduate in History with B.Ed. She has got a continuous service as U.P.S.A in the U.P. Section of the school from 04/06/1990 and as H.S.A (Social Science) from 03/06/1995 upon promotion. During the year 2004-2005, due to division fall, the petitioner was deployed on protection in V.R.V.M.H.S, Vayalar and, from 18/10/2004 she has been working there. It appears that in the year 2005-06, there arose a vacancy of U.P.S.A in the U.P Section of the school consequent on the promotion of one P.Anitha, U.P.S.A. The petitioner was recalled as per Ext.P2 letter issued by the fifth respondent. According to the petitioner, she was appointed as U.P.S.A as per Ext.P4 order and she joined the parent school, S.H.V.H.S., Karakkad pursuant to Ext.P5 relieving order issued from V.R.V.M.H.S, Vayalar. After the staff fixation for the year 2007-08, the petitioner was adjusted against the vacancy of another teacher, M.Santhy, who was junior to the petitioner. W.P.(C). No.997/2009 -:2:- 2. The matter was taken up in revision as per Ext.P12. In the meanwhile, the fifth respondent Manager submitted Ext.P13 letter before the District Educational Officer requesting to deploy the petitioner with effect from 23/03/2008. Against the said order, the petitioner filed W.P.(C). No.13240/2008 before this Court. Ext.P14 is the copy of the counter affidavit filed by the first respondent. Ext.P15 is the copy of the order passed by the second respondent, D.P.I., during the pendency of the writ petition rejecting Ext.P12 revision filed by the petitioner. 3. By Ext.P16, the fourth respondent issued the staff fixation for the year 2008-09. Therein, the petitioner was granted protection and retained in the U.P.Section and the ninth respondent was deployed for want of vacancy. This Court by Ext.P17 judgment dated 27/11/2008 closed W.P. (C).No.13240/2008. There in, this Court, recording the submission made in the counter affidavit filed by first respondent held that “the petitioner has no reason to be deployed as stated in Ext.P13. Since the position is as above, for the present, the petitioner is not liable to be deployed as stated in Ext.P13.” Thereafter, the third respondent, Deputy Director of Education passed Ext.P18 order directing deployment of the petitioner on an appeal filed by the Manager, who was the fifth respondent in W.P.(C). No.13240/2008. Exts.P15 and P18 are under challenge in this writ petition. W.P.(C). No.997/2009 -:3:- The petitioner has also filed Exts.P19 and P20 against the orders of the Director of Public Instructions. 4. While admitting the writ petition, this Court passed an interim order dated 09/01/2009, staying all further proceedings pursuant to Ext.P18, which was being extended from time to time. 5. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents and the learned Government Pleader. Now, that the matter is pending before the Government in separate revisions, this writ petition can be disposed of directing to pass orders thereon within a time frame. In that view of the matter, there will be a direction to the first respondent to dispose of Exts.P19 and P20 after hearing the petitioner and respondent Nos.5, 7 to 9 within a period of three months from the date of receipt of a copy of this judgment. The interim order passed by this Court will continue to be in force till the matters are heard and finally disposed of. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms