IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 36827 of 2009(W) -------------------------- PETITIONER(S): --------------- SUJATHA.P.T. TEACHER, NARIKKATTERI MLPS, NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36827/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of December, 2009 J U D G M E N T The petitioner is a teacher in the Narikkatteri M.L.P School, Nadapuram, Kozhikode District. She is mainly aggrieved by the deployment after 19 years of service. It is contended that the benefits available as per G.O.(P). No.403/02/G.Edn., dated 04/12/2002 and the Circular dated 09/09/1999 of the first respondent have not been conferred on her. 2. The petitioner underwent training for Bul Bul Flock Leader, a part of Scouts and Guides to impart instructions to girl students in L.P Section. Earlier, during 2004-05 due to reduction of division, the petitioner was deployed but she was retained in the present school by giving the benefit of G.O.(P).No.403/02/G.Edn. dated 04/12/2002 as Flock Leader of the school. The petitioner relies upon Ext.P3 staff fixation order in support of the above plea. The same benefit was granted for the years 2006-07, 2007-08 and 2008-09 also, going by Exts.P5(a) to P5(c). 3. During the present year, stating that there is no existing order to retain a surplus teacher like the petitioner, in the staff fixation order, the petitioner is ordered to be deployed. W.P.(C). No.36827/2009 -:2:- 4. The petitioner has now filed a revision petition before the Director of Public Instruction as per Ext.P9(a) and, Ext.P9(b) is a stay petition. It is prayed that a direction may be issued to the Director of Public Instruction to take a decision on Ext.P9(a) and to consider Ext.P9(b) stay petition without any further delay. 5. The learned Government Pleader on instructions submitted that Ext.P9(a) has not been received so far. But, if the petitioner refiles the same, the same will be considered. 6. Therefore, if the petitioner refiles, the same within a period of two weeks from today, the same will be considered by the Director of Public Instructions and appropriate orders will be passed within a period of two months. In the meanwhile, the request of the petitioner for stay of the order of deployment will be considered in accordance with law within a period of three weeks, till then the petitioner will not be deployed. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms