IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37526 of 2009(I) -------------------------- PETITIONER(S): --------------- S.SHINE, AGED 32 YEARS, S/O.SIVADASAN, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), ESWARA VILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM DISTRICT. 5. THE MANAGER, ESWARA VILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. 6. SMT.RENUKUMARI AMMA, HIGH SCHOOL ASSISTANT (MATHS), GOVERNMENT HIGH SCHOOL, PUNALUR, KOLLAM DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37526 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2009. JUDGMENT The petitioner is a High School Assistant (Physical Science) working in the school managed by the 5th respondent. The 6th respondent is an H.S.A. (Maths) who is a protected teacher deployed in Government School. The petitioner is aggrieved by the action taken pursuant to the staff fixation order dated 14.8.2009 to repost the 6th respondent against the third sanctioned post of HSA (Physical Science) lifting the protection. It is contended that there is no post to provide the 6th respondent in the school and the petitioner is working against the third post of H.S.A. (Physical Science). 2. The action of the District Educational Officer was challenged by the Manager in an appeal before the third respondent and the petitioner has also filed an appeal before the Director of Public Instruction as per Ext.P3. It is the case of the petitioner that going by the judgment of this Court in W.A. No.1218/1991 (Ext.P5) and that of the Apex Court in Ext.P6, the action taken by the District Educational Officer cannot be justified. The petitioner is also relying upon Exts.P7 and P8 judgments in support of the wpc 37526/2009 2 plea. 3. Since the petitioner is the affected teacher, there will be a direction to the second respondent to take a decision on Ext.P3 within a period of two months from the date of receipt of a copy of this judgment. Status-quo as on today with respect to the petitioner and the 6th respondent will be maintained, till orders are passed as directed above. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/