IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25029 of 2009(W) -------------------------- PETITIONER(S): --------------- M.LESLIE FRANCIS, S/O.M.V.FRANCIS, AGED 27 YEARS, UPPER PRIMARY SCHOOL ASSISTANT A.U.P.SCHOOL, EZHUMANGAD, THRITHALA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD DISTRICT. 4. THE MANAGER, A.U.P.SCHOOL, EZHUMANGAD, THRITHALA. 5. THE HEADMASTER, A.U.P.SCHOOL, EZHUMANGAD, THRITHALA. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25029/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of August, 2009 J U D G M E N T The petitioner is working as an Upper Primary School Assistant in A.U.P. School, Thrithala. The appointment was duly approved as per Ext.P1. Ext.P2 is the staff fixation order for the academic year 2009-10. Going by the same, the petitioner is ordered to be retrenched from service. 2. It is submitted that the order is issued without exploring the chances of retaining the petitioner in service under 1:40 teacher-students ratio. Apart from that the petitioner is a Scouts Master and therefore, going by Exts.P3 and P4, the division fall may not affect him. The petitioner has filed Ext.P10 revision petition before the Director of Public Instruction in the matter. 3. There will be a direction to the second respondent to consider and pass orders on Ext.P10 within a period of two months from the date of receipt of a copy of this judgment. Pending consideration in the revision petition, the petitioner will be retained. The petitioner will produce copy of W.P.(C). No.25029/2009 -:2:- 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. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE