IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25578 of 2008(T) -------------------------- PETITIONER: ------------------ A. KUNJHIRAMAN, MANAGER, AIDED UPPER PRIMARY SCHOOL, CHEERAL (VIA), SULTHAN BATHERY, WYANAD DISTRICT. BY ADV. SRI.S.CHANDRASENAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, STATE EDUCATION, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I., TRIVANDRUM. 3. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA, WYANAD. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 25578 OF 2008 ............................................................................ Dated this the 26th August, 2008 J U D G M E N T The petitioner is the Manager of an aided Upper Primary School at Cheeral . It is stated that that the school is functioning for the last more than 50 years in an under developed area in Wayanad district. It is also stated that due to the division fall, teachers working in the school were deployed as protected teachers. Now, according to the petitioner, the situation has improved and there are more number of pupils. The staff fixation order in respect of 2007-08 is produced as Ext. P1. Ext.P1 mentions that the additionally created posts of LPSA should not be filled up by fresh hands. The petitioner made a request to the Deputy Director of Education to accord sanction to accommodate the seniormost protected teacher , viz., Sreeja by way of transfer. A representation was also submitted by Sreeja. The Deputy Director of Education (the third respondent) as per Ext. P2 letter dated 26.09.2007 addressed to the second respondent, the Director of Public Instruction, made a request to clarify as to whether a protected teacher could be accommodated in a newly created post of LPSA by way of transfer . It would appear that no reply is received in respect of Ext. P2. The petitioner submitted Ext. P3 representation dated 31.01.2008 to the Director of Public Instruction requesting to consider the request to transfer Smt. Sreeja, the seniormost protected teacher and to accommodate her in the newly created post of LPSA. In Ext.P3 representation, a reference is made to the representation dated 19.12.2007 submitted by the petitioner. Ext. P3 W.P.(C) No. 25578 OF 2008 2 representation has not been disposed of so far. 2. The prayer made by the petitioner in the Writ Petition is to direct the Director of Public Instruction to take an immediate decision on Ext. P2 letter issued by the third respondent and also to consider and dispose of Ext.P3 representation. 3. Learned Government Pleader submitted that the Director of Public Instruction will take an appropriate decision as expeditiously as possible. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction( second respondent) to take a decision on Ext.P2 communication dated 26.09.2007 issued by the Deputy Director of Education and also to dispose of Ext. P3 representation dated 31.01.2008 and the representation dated 19.12.2007 referred to therein as expeditiously as possible, and at any rate within a period of three weeks from today. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. K.T. SANKARAN, JUDGE. lk