IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 10045 of 2010(E) -------------------------- PETITIONER: ------------------ M.V.MINI, AGED 31 YEARS, W/O.T.DILEEP KUMAR, ASSISTANT TEACHER, PATTUVAM U.P. SCHOOL, P.O.PATTUVAM, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (P) DEPARTMENT GOVERNMENT SECRETARIAT ANNEXE, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O.TALIPARAMBA, KANNUR DISTRICT. 4. THE HEADMASTER, PATTUVAM U.P.SCHOOL, P.O.PATTUVAM, KANNUR DISTRICT. 5. THE MANAGER, PATTUVAM U.P.SCHOOL, P.O.PATTUVAM, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 10045 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2010 J U D G M E N T The petitioner was appointed as a U.P.S.A. in the 5th respondent's school from 01.06.2005 against a promotion vacancy. The petitioner's appointment was approved and her probation was also declared. During the staff fixation for the year 2008-09, there was reduction of one post in the U.P.S.A. and increase in one post of L.P.S.A. Consequently the number of teachers continued to be the same. According to the petitioner, at the relevant time, the post of L.P.S.A. and U.P.S.A were interchangeable. The amendment to the Kerala Education Rules restraining shifting of UPSA as LPSA and vice versa came into force only with effect from 16.09.2009. Therefore according to the petitioner, the petitioner should have been retained in W.P.(C)No. 10045 of 2010 -2- the school notwithstanding the reduction of one post of U.P.S.A., since she could have been accommodated as an L.P.S.A. at the relevant time. However the educational authority is of the view that the petitioner is not on the rolls since 15.07.2008. In the above circumstances, the petitioner has filed Ext.P4 revision petition before the 1st respondent. Petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P4 expeditiously. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P4 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 5th respondent. W.P.(C)No. 10045 of 2010 -3- 3. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S. SIRI JAGAN JUDGE shg/