IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30348 of 2011(P) -------------------------------- PETITIONER: -------------- K.D.ROSY, HSA (NEEDLE WORK), ST.MARY'S G.H.S.S.,KUZHIKKATTUSSERY, THRISSUR DISTRICT. BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------------ 1. DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT-680121. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR- 680001. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 5. CORPORATE MANAGER, PAVANATMA EDUCATIONAL AGENCY, KALLETTUMKARA P.O., IRINJALAKUDA, THRISSUR DISTRICT-680 683. 6. JAYALAKSHMI C., HSA (NEEDLE WORK), DON BOSCO SCHOOL, KODAKARA, THRISSUR DISTRICT- 680684. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30348/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2005-06 OF PETITIONER'S SCHOOL DTD. 14.7.05. EXT. P2 : COPY OF ORDER No.B2-23934/05 DTD. 19.8.06 ISSUED BY R2. EXT. P3 : COPY OF ORDER PASSED BY R3 AS ORDER No.D.DIS.61438/06/RA(2)DPI DTD. 1.3.07. EXT. P4 : COPY OF ORDER No.33878/K1/07/G.EDN ISSUED BY6 R4 DTD. 3.1.08. EXT. P5 : COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2009-10 OF PETITIONER'S SCHOOL DTD. 11.11.09. EXT. P6 : COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2010-11 OF PETITIONER'S SCHOOL DTD. 31.8.10. EXT. P7 : COPY OF 6TH WORKING DAY REPORT OF PETITIONER'S SCHOOL DTD. NIL. EXT. P8 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R2 DTD. 15.6.11. EXT. P9 : COPY OF APPLICATION FOR LEAVE IN FORM 13 SUBMITTED BY PETITIONER DTD. 10.6.11. EXT. P10 : COPY OF ORDER No.B5-2377/11 DTD. 9.6.11 ISSUED BY R2. EXT. P11 : COPY OF JUDGMENT DTD. 12.8.11 IN WP(C) 17521/11 OF THIS COURT. EXT. P12 : COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2011-12 OF PETITIONER'S SCHOOL DTD. 23.8.11. EXT. P13 : COPY OF ORDER No.B5/2377/11/K.DIS. DTD. 29.9.11 ISSUED BY R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30348 OF 2011 --------------------------------------- Dated this the 15th day of November, 2011. J U D G M E N T The petitioner, who is working as High School Assistant (Needle Work) in the St.Mary's G.H.S.S., Kuzhikkattussery is aggrieved by Ext.P13 order passed by the Deputy Director of Education whereby the representation filed by the petitioner has been rejected on finding that there is no established vacancy of Needle Work Teacher in the said school with effect from 2005-06 to 2011-2012. 2. Learned counsel for the petitioner invited my attention to Ext.P11 judgment of this Court which is rendered in a writ petition filed by the petitioner, wherein the submission of the petitioner that during the present academic year, the student strength was verified on the 6th working day and it was found that 657 students are in the U.P. Wing and 505 students are in the W.P.(C) No.30348/2011 2 High School Wing has been mentioned. It appears that in the light of the above changed scenario, the petitioner submitted Ext.P8 representation for sanction of one post of High School Assistant (Needle Work) on which the present order has been passed. 3. It is submitted that a reading of Ext.P13 will show that none of the contentions have been considered in spite of the directions issued by this Court. The petitioner had also challenged the deployment of the 6th respondent to another school under the same Management as the petitioner is a protected hand and nothing is mentioned in Ext.P13 with regard to the same also. The petitioner has got a remedy to approach the Director of Public Instruction by filing a revision petition. If a revision petition is filed by the petitioner within a period of ten days, the same will be entertained and considered in accordance with the relevant Rules within a further period of two months, after hearing the petitioner. It is open to the petitioner W.P.(C) No.30348/2011 3 to move the Director of Public Instruction for appropriate interim relief which will also be considered by the Director of Public Instruction. Till orders are passed in the application for interim relief, the petitioner will be allowed to continue in the school. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp