IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30676 of 2011(H) -------------------------- PETITIONER: --------------- KUMARI MAYA S W/O.SREEKUMAR KANNAMPALLY, AGED 45 YEARS HIGH SCHOOL ASSISTANT ENGLISH JOHN F KENNADY MEMORIAL V.H.S. SCHOOL AYANIVELIKULANGARA, KARUNAGAPPALLY. BY ADV. 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, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION KOLLAM DISTRICT 691 001. 4. THE DISTRICT EDUCATIONAL OFFICER KOLLAM DISTRICT 691 001. 5. THE MANAGER JOHN F KENNADY MEMORIAL VHS SCHOOL AYANIVELIKULANGARA ,KARUNAGAPPALLY, 690 573. 6. SMT. C LILLIKUTTY UPPER PRIMARY SCHOOL ASSISTANT JOHN F KENNADY MEMORIAL VHS SCHOOL AYANIVELIKULANGARA ,KARUNAGAPPALLY, 690 573. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30676 of 2011(H) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE GO (RT) NO.2404/2009/G.EDN, OF THE GOVERNMENT DT.16.6.09. EXT.P2 TRUE COPY OF THE INTERIM ORDER IN WPC 17695/2009 DT.23.7.09. EXT.P3 TRUE COPY OF THE INTERIM ORDER IN WPC 21530/2009-1 DT.18.9.09. EXT.P4 TRUE COPY OF OTHER RELEVANT PAGE OF THE APPENDIX 2 LIST OF PROTECTED TEACHERS, VIDE GO (P) NO.205/2011/G.EDN.DT.7.10.11. EXT.P5 TRUE COPY OF THE APPEAL FIELD BEFORE THE GOVERNMENT DT.12.10.11. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.30676 of 2011 -------------------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is working as High School Assistant(English) in the John F.Kennedy Memorial Vocational Higher Secondary Karunagappally. She entered service as High School Assistant (Physical Science) on 2.6.1986 and having qualification M.A. and M.Phil. in English. Based on the Government Order dated 7.1.2002, the Manager sought proper conversion of the petitioner against the newly sanctioned post of HSA(English), which was declined. Exhibit P1 is the order passed by the Government in a revision petition. The same is under challenge in W.P.(C) No.17695/2009 and the Manager has filed W.P.(C)No.21530/09 and by Exhibits P2 and P3 interim orders, operation of the order has been stayed. 2. The 6th respondent who, according to the petitioner, is a junior teacher has been made senior to her. Presently, the petitioner is aggrieved by Exhibit P4, whereby the Director has included the name of the petitioner in the list of retrenched W.P.(C)No.30676/11 -2- teachers. According to the petitioner, being a senior teacher having service against sanctioned post, the enlisting of her as a retrenched teacher cannot be justified. 3. Challenging Exhibit P4, the Manager has filed an appeal before the Government as per Exhibit P5. In the light of the fact that the issue will have to be cleared at the earliest, the petitioner has filed this Writ Petition seeking for an early disposal of Exhibits P5. 4. There will be a direction to the Government to take a decision on Exhibit P5 appeal filed by the Manager after hearing the petitioner, the Manager and the 6th respondent within a period of five months from the date of receipt of a copy of this judgment. In the meanwhile, operation and implementation of Exhibit P4 as far as the petitioner is concerned will be kept in abeyance. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn