IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26000 of 2009(T) -------------------------- PETITIONER(S): --------------- C.A.SAINABA, AGED 54 YEARS, W/O. SRI.K.M.ALIYAR, WORKING AS JUNIOR ARABIC TEACHER, GOVERNMENT TOWN U.P.SCHOOL, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673, (RESIDING AT KUNNUMPURATH HOUSE, P.O.PUTHUPPADY, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, KOCHI. 3. THE ASSISTANT EDUCATION OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. THE HEADMASTER, GOVERNMENT TOWN U.P.SCHOOL, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26000/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of September, 2009 J U D G M E N T The petitioner is working as an Arabic Teacher at Government Town U.P.School, Moovattupuzha, Ernakulam District. She had already completed 35 years of service as a teacher therein. She is attaining the age of 55 years in March 2010 also. The petitioner was ordered to be transferred to another school by Ext.P1 order dated 13/08/2009 wherein, in the remarks column, it is stated that the post is reduced. It is submitted by the petitioner that the said endorsement is made without any consideration of the fact that 44 students are studying Arabic language in the school. It is pointed out that part time posts are maintained in other schools also within the jurisdiction of the Deputy Director of Education, Ernakulam. 2. It is submitted that the petitioner is still continuing in the school. The claim raised by the petitioner herein is also a matter for consideration by the Deputy Director of Education, Ernakulam in the light of Ext.P5 representation submitted by the petitioner. 3. There will be a direction to the Deputy Director of Education, Ernakulam to take a decision on Ext.P5 after hearing the petitioner within a W.P.(C). No.26000/2009 -:2:- period of one month from the date of receipt of a copy of this judgment. The petitioner will be retained in the school in the meanwhile. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms