IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36368 of 2009(M) --------------------------------------- PETITIONER(S): ------------------------ SARMILA.M. (UPSA) HIGH SCHOOL THIRUVALAYANNOOR. AGED 38 YEARS, W/O. RAJESH.T.V. THOTTUPURATH HOUSE. BY ADV. MR.K.A.MANZOOR ALI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, GOVERNMENT SECRETARIAT (ANNEX) THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 5. THE HEADMASTER, HIGH SCHOOL THIRUVALAYANNUR. 6. THE HEADMASTER, S.M.T. HIGH SCHOOL CHELAKKAR. 7. MINI.T.K., UPSA, HIGH SCHOOL THIRUVALAYANNUR. 8. RAIHANATH.K.K. UPSA, HIGH SCHOOL THIRUVALAYANNUR. R1 TO R4 BY GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36368 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009. JUDGMENT The petitioner is working as a UPSA in the High School, Thiruvalayannoor. She had been working there from 1.8.1994. During the staff fixation 2009-2010 there is a reduction of three posts of UPSA, going by Ext.P1. She was granted protection as per Ext.P1 and subsequently, by Ext.P2 she was deployed to the 6th respondent's school. The petitioner has already been relieved on 2.11.2009 from the 5th respondent's school. 2. The petitioner's contention is that if 1 : 40 ratio is applied, the petitioner could have been retained in the school. It is also pointed out that the 4th respondent passed an order on 23.10.2009 directing deployment of teachers in the school and two additional posts have been sanctioned in the Upper Primary Section and accordingly, respondents 7 and 8 were accommodated. It is the case of the petitioner that Ext.P4 order has been passed without considering the seniority of the petitioner as UPSA in the school. The petitioner entered service on 1.8.1994, whereas the 7th respondent entered service on 2.6.2003 and the 8th respondent entered service on 5.6.2007. Accordingly, it is contended that junior hands have wpc 36368/2009 2 been retained ignoring the claim of a senior hand like the petitioner. It is in these circumstances, the petitioner has filed Ext.P6 appeal before the Director of Public Instruction. The petitioner seeks for a direction to the second respondent to take a decision on Ext.P6 within a time frame. 3. Learned Govt. Pleader on instructions, submitted that Ext.P6 has not been received by the second respondent so far. It is the case of the petitioner that the petitioner forwarded the same through registered post. The petitioner will refile Ext.P2 within a period of three weeks and on receipt of the same, the second respondent will take a decision in accordance with law therein, after hearing the petitioner and respondents 7 and 8, within a further period of two months. The petitioner will forward a copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/