IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 10266 of 2011(G) --------------------------------------- PETITIONER(S): ----------------------- ANJU C.ABY, HSA (PS), FR.JOSEPH MEMORIAL HSS, PUTHUPADDY, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN K.GEORGE, SRI.K.S.ARUN KUMAR. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM-686 661. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682 030. 4. SRI.PRASAD P.VARGHESE, MANAGER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY, MUVATTUPUZHA-686 661. 5. DR.P.V. JOSEPH, EX.MANAGER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY, MUVATTUPUZHA-686 661. 6. THE HEADMISTRESS, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY, MUVATTUPUZHA-686 661. R1 TO R3 BY GOVT. PLEADER SMT.M.T. SHEEBA. R4 BY ADV. SRI.ELVIN PETER P.J., SMT.POOJA SURENDRAN. R6 BY ADV. SRI.E.C. BINEESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 10266 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. EXT.P2: COPY OF THE STAFF FIXATION ORDER DATED 13/09/2010. EXT.P3: COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 10/01/2011. EXT.P4: COPY OF THE REVISION PETITION DATED 17/02/2011 BEFORE THE GOVERNMENT. EXT.P5: COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 17/11/2009 IN W.A. NO. 2291/2008 & WP(C) NO. 15983 & 19263/2009. EXT.P6: COPY OF THE ORDER OF DEO KOTHAMANGALAM DATED 03/03/2011. EXT.P7: COPY OF THE APPEAL BEFORE THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. EXT.P8: COPY OF THE TERMINATION LETTER DATED 26/03/2011 BY THE MANAGER. RESPONDENT'S EXHIBITS:- EXT.: COPY OF THE G.O.(RT) NO.4302/11/G.EDN. DATED 15/10/2011 PRODUCED ALOGN WITH MEMO DATED 25/11/2011. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10266/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of November, 2011 J U D G M E N T The petitioner herein was appointed as High School Assistant (Physical Science) as per Ext.P1 appointment order. 2. The writ petition is filed by the petitioner seeking for a direction to the first respondent to consider and pass orders on Ext.P4 revision petition wherein the petitioner had challenged Ext.P3 order passed by the Deputy Director of Education. Consequent to the issuance of Ext.P3 order by the Deputy Director of Education, Ext.P6 order was passed by the District Educational Officer rejecting the proposal for approval and, thereafter, by Ext.P8, the petitioner was informed by the Manager not to attend the school. This Court passed an interim order dated 30/03/2011 by which the implementation of Ext.P8 was stayed and the said interim order has been continuing. W.P.(C).No.10266/2011 -:2:- 3. Along with a memo, the learned Government Pleader has produced a copy of G.O.(Rt). No.4302/2011/G.Edn., dated 15/10/2011 whereby the revision petition filed by the petitioner (Ext.P4) has been allowed. It is stated therein that the petitioner can be accommodated against the promotion vacancy of Smt.Gisha K.Eapen and Smt.Smitha H.S.A (S.S) may be retained in the post of H.S.A (S.S) which can be sanctioned under 1:40 ratio. The District Educational Officer will take further action to revise the staff fixation order accordingly after ensuring that whether there is no 51A/43 claimant to be appointed/promoted in aforesaid vacancy of H.S.A (P.S). 4. In that view of the matter, as Ext.P4 revision petition stands allowed, the further action will be taken by the District Educational Officer in terms of the directions issued by the Government. The writ petition is accordingly, disposed of. For enabling the District Educational Officer to pass such orders, Exts.P6 and P8 will stand set aside. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms