IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 29917 of 2010(L) -------------------------- PETITIONER(S): --------------- R.SUMITHRA, LPSA, S.M.M. HIGH SCHOOL, PAZHAMBALACODE P.O., PALAKKAD - 678544. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678001. 2. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR - 678541. 3. THE MANAGER, S.M.M.HIGH SCHOOL, PAZHAMBALACODE P.O., PALAKKAD - 678544. GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29917 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The petitioner states that she was appointed as LPSA in SMM High School, Pazhambalacode of which the third respondent is the Manager, in a promotion vacancy which arose on 1.7.2003. The appointment of the petitioner was approved as per Exhibit P1 as probationary LPSA from 8.7.2003 onwards against the promotion vacancy of Smt.P.Geetha, LPSA. It would appear that there was division fall in the UP section. It is stated that the Manager accommodated one of the UPSAs as LPSA and the petitioner was shifted to a leave vacancy of one LPSA, who took leave without allowance. Later, the Manager passed Exhibit P2 order terminating the service of the petitioner on the ground that no vacancy exists. It is stated that in the event of a division fall in the UP section, the junior most UPSA should have been retrenched. The petitioner submitted Exhibit P4 representation to the District Educational Officer pointing out her grievance and for setting aside Exhibit P2 order passed by W.P.(C) No.29917/2010 2 the Manager. It is also prayed in Exhibit P4 that the petitioner may be permitted to continue as LPSA in the school. 2. The learned counsel for the petitioner submitted that the only relief which the petitioner prays for, is to issue a direction to the District Educational Officer to consider and dispose of Exhibit P4 representation, expeditiously. It is also submitted that Exhibit P3 Government Order dated 21.4.2010 requires to be taken note of by the District Educational Officer. In the facts and circumstances, the Writ Petition is disposed of as follows : (i) The District Educational Officer shall consider and dispose of Exhibit P4 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 W.P.(C) No.29917/2010 3 the petitioner, the Manager and any other affected party. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the District Educational Officer. K.T.SANKARAN JUDGE csl