IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14668 of 2011(G) -------------------------------- PETITIONERS: ---------------- 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. SAJITHA P.R, UPPER PRIMARY SCHOOL ASSISTANT S.N.M.HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM P.O., (UNDER ORDERS OF RETRENCHMENT),POKKANCHERY, MOOTHAKUNNAM P.O., ERNAKULAM DIST 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 RESPONDENTS: ------------------ 1. STATE OF KERALA REP.BY THE SECRETRY TO GOVT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001 WP(C).No. 14668/2011 2. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695014 3. DEPUTY DIRECTOR (EDUCATION) ERNAKULAM, KAKKANAD, PIN-682030 4. ASSISTANT EDUCATINAL OFFICER, NORTH PARAVUR,PIN-683513 5. THE CORPORATE M ANAGER, S.N.M.GROUP OF SCHOOLS UNDER THE MANAGEMENT OF H.M.D.P.SABHA, MOOTHAKUNNAM,PIN-683516 BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14668 OF 2011 --------------------------------------- Dated this the 31st day of May, 2011. J U D G M E N T The petitioners have been appointed as Upper Primary School Assistants in the school managed by the 5th respondent. They have approached this Court seeking for a direction to the Government to take a decision on the revision petitions filed under Rule 12F of Chapter XXIII of Kerala Education Rules. The copies of the said revision petitions have been produced as Exts.P11 to P13. 2. It is the submission of the petitioners that all the petitioners are Degree holders and they have been appointed as UPSAs. When staff fixation order for the year 2010-2011 was issued by the Assistant Educational Officer, there was reduction of four posts of Lower Primary School Assistants in the school. The Manager was directed to accommodate the junior most four LPSAs in the other school under the Management. This was challenged before the Deputy Director of Education by filing an W.P.(C) No.14668/2011 2 appeal by the Manager which was rejected by Ext.P4. The petitioners thereafter filed Exts.P5 to P7 review petitions before the Director of Public Instruction. But, in the meanwhile, by Ext.P8 order, the petitioners were retrenched from service. The petitioners, therefore, approached this Court by filing W.P.(C)No.1249/2011 and this Court by Ext.P9 judgment directed to dispose of the review petitions within two months from the date of receipt of a copy of the said judgment. It was also directed that in the meanwhile the Manager will retain the petitioners in the school but without payment of salary. Ext.P10 is the consequential order passed by the Director of Public Instruction. 3. Heard the learned counsel for the petitioners and the learned Government Pleader. Since the revision petitions are pending before the Government, there will be a direction to the Government to take a decision on Exts.P11 to P13 within a period of four months from the date of receipt of a copy of this judgment. Learned counsel for the petitioners prayed for a direction to W.P.(C) No.14668/2011 3 the Manager to retain the petitioners as UPSAs without payment of salary as already directed in Ext.P9 judgment. It is evident from Ext.P14 that the petitioners have been retrenched pursuant to the order passed by the Director of Public Instruction. Therefore, it is open to the petitioners to move the Government itself for appropriate interim orders with regard to their retention as UPSAs during the pendency of the revision petitions. If interim orders are sought, the same will be considered by the Government. The petitioners will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp