IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19220 of 2010(B) ---------------------------------------- PETITIONER(S): ------------------------ KUMARI MAYA.S., HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), JOHN F.KENNADY MEMORIAL V.H.S.SCHOOL, AYANIVELIKULANGARA- 690 573, KARUNAGAPPALLY. 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, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KOLLAM 691 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691 001. 5. THE HEADMASTER, JOHN F.KENNADY MEMORIAL V.H.S.SCHOOL, AYANIVELIKULANGARA-690 573, KARUNAGAPPALLY. 6. THE MANAGER, JOHN F.KENNADY MEMORIAL V.H.S.SCHOOL, AYANIVELIKULANGARA-690 573, KARUNAGAPPALLY. 7. SMT.INDIRA DEVI, HIGH SCHOOL ASSISTANT (MATHS), JOHN F.KENNADY MEMORIAL V.H.S.SCHOOL, AYANIVELIKULANGARA-690 573, KARUNAGAPPALLY. 8. SRI.MOHAN KUMAR, HIGH SCHOOL ASSISTANT (MATHS), JOHN F.KENNADY MEMORIAL V.H.S.SCHOOL, AYANIVELIKULANGARA-690 573, KARUNAGAPPALLY. R1 TO R4 BY GOVERNMENT PLEADERSRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 19220 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2010 J U D G M E N T The petitioner was appointed in John F. Kennady Memorial V.H.S School, Ayanivelikulangara as High School Assistant(Physical Science). She was also qualified to be appointed as High School Assistant(English). The said appointment of the petitioner was approved. Subsequently, pursuant to the staff fixation for the year 2006-07, the petitioner had faced with threat of retrenchment. In the revision petition preferred by the petitioner in the said matter Government have issued Ext.P1. Ext.P1 would reveal that Government have considered the case of the petitioner as a special case and ordered to accommodate the petitioner against the second vacancy of High School Assistant(English) with effect from 2009-2010. Ext.P2 is the staff fixation order for the year 2009-10. In Ext.P2 the 8th respondent who was originally appointed as HSA (Maths) was ordered to be treated as HSA (English) in preference to the petitioner and the petitioner who was ordered as per Ext.P1 to be accommodated WPC.19220/2010 : 2 : against the second vacancy of HSA(English) was ordered to be deployed after treating her as HSA(Physical Science). In short. the grievance of the petitioner is that while issuing the said order, Ext.P1 order was not taken into consideration. Raising the aforesaid grievances against Ext.P2 the petitioner has filed Ext.P3 before the second respondent and the Manager of the school has preferred Ext.P4 before the second respondent. Exts. P3 and P4 are pending before the second respondent. The short prayer of the petitioner is only for a direction to the second respondent to consider and pass orders on Exts P3 and P4 in the light of Ext.P1. 2. Ext.P1 would reveal that the case of the petitioner was treated as a special one and Government have ordered to accommodate the petitioner as HSA(English) as against the second vacancy with effect from 2009-2010. The grievance of the petitioner against Ext.P2 is that the said order in Ext.P1 was not taken into consideration while ordering deployment of the petitioner. Since the grievance was already taken before the second respondent by the petitioner as also by the Manager through Exts.P3 and P4 and they are now pending WPC.19220/2010 : 3 : before the second respondent, I am disposing of this writ petition with a direction to the second respondent to consider and pass order on Exts.P3 and P4, in the light of Ext.P1, expeditiously, at any rate within a period of two months from the date of receipt of copy of this judgment with notice to the petitioner and respondents 6 to 8. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge