IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 15253 of 2011(F) -------------------------------------- PETITIONER: ------------------- M.S. DIVYA, LOWER PRIMARY SCHOOL ASSISTANT, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPURAM, IDUKKI DISTRICT. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.M.V.JOSEPH (ALAPPUZHA). RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685 603. 3. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685 584. 4. THE MANAGER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPURAM, IDUKKI-685 582. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15253 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF JUNE, 2011 J U D G M E N T The petitioner seeks for a direction to the 1st respondent to take a decision on Exhibit P4 revision petition in the light of Exhibit P5 judgment rendered by this Court. 2. The petitioner is a B.Ed.Degree holder in English and she also possesses Teacher's Training Certificate. She was appointed as an LPSA by the 4th respondent and the same has been approved from 1.6.2005 as evident from Exhibit P1 order. 3. By Exhibit P2 order, the petitioner has been treated as thrown out consequent on division fall in the L.P. Section, for the academic year 2010-11. Even though an appeal was filed, that was also rejected by Exhibit P3 and hence a revision petition was filed as per Exhibit P4. 4. The learned counsel for the petitioner submitted that in identical circumstances this Court has considered the legal position in Exhibit P5 judgment and has held that shifting of a UPSA as LPSA is not permissible. W.P.(C)No.15253/11 -2- 5. It is upto the 1st respondent to take a decision on Exhibit P4 revision petition. There will be a direction to the 1st respondent to take a decision on Exhibit P4 revision petition in accordance with law after hearing the petitioner and the Manager, and other affected parties, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 1st respondent for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge