IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 4877 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------- SHEENA VARGHESE, W/O.WILSON THOMAS, AGED 44 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, ST.THOMAS HIGH SCHOOL, AYROOR, ALUVA EDUCATIONAL DISTRICT. BY ADVS. SRI.V.A.MUHAMMED. SRI.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC ISNTRUCTION, JAGATHY, THIRUVANANTNAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-682 030. 4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683 101,ERNAKULAM DISTRICT. 5. THE HEADMASTER, ST.THOMAS HIGH SCHOOL, AYROOR-683 579 ALUVA EDUCATIONAL DISTRICT, ERNAKULAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4877/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of February, 2011 J U D G M E N T The petitioner has been working as U.P.S.A in St.Thomas High School, Ayroor in Aluva Educational District. According to the petitioner, the staff fixation order for the year 2010-11 was issued without exploring 1:40 teacher student ratio. Challenging the same, the petitioner has filed Ext.P3 revision petition before the Director of Public Instruction under Rule 12E(3) of Chapter XXIII Kerala Education Rules. Thereafter, the Deputy Director of Education passed another order deploying the petitioner as L.P.S.A to St.Thomas L.P. School, Nadukkara. According to the petitioner, it causes inconvenience to her and she has challenged the same in appeal before the Director of Public Instruction itself, as per Ext.P5. 2. The learned Government Pleader on getting instructions submitted that the petitioner could not be retained by applying 1:40 ratio. I am not expressing anything on the merits of the matter since the revision W.P.(C). No.4877/2011 -:2:- petition and the appeal are pending before the second respondent. 3. Therefore, the second respondent will take a decision on Ext.P3 revision petition as well as Ext.P5 appeal after hearing the petitioner and the Manager within a period of two months from the date of receipt of a copy of this Judgment. Till then, the petitioner will be allowed to continue in the present school itself since it is stated that the petitioner is having protection under the Executive Orders. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE