IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 17521 of 2011(M) -------------------------- PETITIONER: --------------- K.D.ROSY, H.S.A (NEEDLE WORK) ST.MARY'S G.H.S.S, KUZHIKKATTUSSERY THRISSUR DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA 680 121. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR 680001. 3. DIRECTOR OF PUBILC INSTRUCTIONS THIRUVANANTHAPURAM 695 001. 4. STATE OF KERALA, REP BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001. 5. CORPORATE MANAGER PAVANATMA EDUCATIONAL AGENCY KALLETTUMKARA PO, IRINJALAKUDA, THRISSUR DISTRICT 680 683. 6. JAYALAKSHMI .C, H.S.A (NEELDE WORKS) DON BOSCO SCHOOL, KODAKARA, THRISSUR DISTRICT 680 684. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO. 17521/11 PETITIONER'S EXTS: EXT .P1: COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 205-06 OF PETITIONER'S SCHOOL DT.14.7.05. EXT .P2: COPY OF ORDER NO.B2-23934/05 DT.19.9\8.06 ISSUED BY THE 2ND RESPONDENT. EXT .P3: COPY OF ORDER PASSED BY THE 3RD RESPONDENT NO.D.DIS/61438/06/RA (2)DPI DT.1.3.07. EXT.P4: COPY OF ORDERNO.33878/K1/07/G.EDN. ISSUED BY THE 4TH RESPONDENT DT.3.1.2008. EXT.P5: COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2009-10 OF PETITIONER'S SCHOOL DT.11.11.09. EXT.P6: COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 201011 OF PETITIONER'S SCHOOL DT.31.8.10. EXT.P7: COPY OF THE 6TH WORKING DAY REPORT OF THE PETITIONER'S SCHOOL DT.NIL. EXT.P8: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.15.6.11. EXT.P9: COPY OF APPLICATION FOR LEAVE IN FORM NO.13 SUBMITTED BY THE PETITIONER DT.10.6.11. EXT.P10: COPY OF ORDER NO.B5/2377/11 DT.9.6.11 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17521 Of 2011-M -------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 J U D G M E N T The petitioner has been deployed by Exhibit P10 order to a High School at Thiruvalayannoor. She is a protected teacher. The petitioner's case is that she was appointed as High School Assistant(Needle Work) in the St.Mary's GHS, Kuzhikattusseri, which is under the 5th respondent-Management. The post was abolished by the staff fixation order for the year 2005-06 and she is a protected teacher thereafter. 2. The dispute about the non-sanctioning of the post has been pending in appeal before different authorities and the petitioner has also challenged the same by filing W.P.(C) No.8680/08. During the succeeding academic years 2009-10 and 2010-11 also the post was not approved as evident from Exhibits P5 and P6 staff fixation orders. 3. According to the petitioner, during the present academic year the student strength was verified on the 6th working day and it was found that 657 students are in the U.P.Wing and 505 students are in the High School Wing. In view W.P.(C)No.17521/11 -2- of the changed position, the petitioner submitted Exhibit P8 representation for sanction of one post of High School Assistant (Needle Work). 4. Presently the petitioner is undergoing treatment for various ailments and has availed medical leave also. It is at this stage that she was deployed by Exhibit P10 order. Seeking for appropriate action to sanction the post of a needle work teacher in the school, she has filed Exhibit P8 representation. 5. The petitioner is also challenging the deployment of the 6th respondent to the present school. 6. There will be a direction to the Deputy Director of Education to take a decision on Exhibit P8 representation after hearing the petitioner and respondents 5 and 6 within a period of six weeks from the date of receipt of a copy of this judgment. In case the staff fixation results in the sanction of a post in the school, the claim of the petitioner for appointment in the parent school also will be considered. In the meanwhile Exhibit P10 order will be kept in abeyance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn