IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21867 of 2009(C) -------------------------------- PETITIONER: -------------- S.BINDU, AGED 36 YEARS, W/O.K.G.SURESH KUMAR, HSA (WORKING AS UPSA) S.N.D.P. HIGH SCHOOL, CHATHANKARY THIRUVALLA SUB DISTRICT, PATHANAMTHITTA DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE MANAGER, SNDP HIGH SCHOOL, CHATHANKARY, THIRUVALLA SUB DISTRICT, PATHANAMTHITTA DISTRICT. 5. THE HEADMASTER, SNDP HIGH SCHOOL, CHATHANKARY, THIRUVALLA SUB DISTRICT, PATHANAMTHITTA DISTRICT. BY MR. MUHAMOOD T.T., SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21867 OF 2009 --------------------------------------- Dated this the 3rd day of August, 2009. J U D G M E N T The petitioner is working as U.P.S.A in the S.N.D.P. High School, Chathankary in Pathanamthitta District. The petitioner entered service as H.S.A (Natural Science) in the school on 03.06.1996. Due to division fall, she was rendered surplus during the academic year 2003-2004. She was deployed as B.R.C Trainer at S.S.A in District Office, Pathanamthitta. Thereafter a vacancy of U.P.S.A arose in the parent school due to the relief of Smt.Saji, U.P.S.A who got appointment in Government school. The petitioner was reposted as U.P.S.A with pay protection in S.N.D.P High School, Chathankary in terms of Exhibit P1 Government Order. 2. The petitioner contends that there are three sanctioned posts of U.P.S.As in the parent school and three teachers including the petitioner are working in the said school. By Exhibits P3 and P4, the petitioner was relieved so as to join the W.P.(C) No.21867/2009 2 parent school with pay protection. Accordingly, she joined there. 3. The petitioner is presently aggrieved by Exhibit P5 order whereby the petitioner stands redeployed to the K.S.E.P.F wing in the office of the Deputy Director of Education. The petitioner has filed an appeal as per Exhibit P6 before the Director of Public Instruction against the same. There will be a direction to the 2nd respondent to consider and pass orders on Exhibit P6, after hearing the petitioner and the Manager, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp