IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32367 of 2010(U) PETITIONER: --------------- JOICY PAUL, HIGH SCHOOL ASSISTANT, V.R.A.M.H.S., BRAHMAKULAM, THAIKKAD (PO), THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: --------------- 1. DY.DIRECTOR OF EDUCATION, THRISSUR, (PO) AYYANTHOLE, THRISSUR DISTRICT. 680 003. 2. THE HEADMASTER, V.R.A.M.H.S. BRAHMAKULAM, THAIKKAD (PO), THRISSUR DIST. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 32367 OF 2010 U ------------------------------------------------------ Dated this the 8th day of November, 2010 JUDGMENT The petitioner is working as High School Assistant in V.R.A.M.H.S., Brahmakulam, Thrissur District. It is stated that the petitioner joined service in the year 1985 and she has continuous service from 6.6.1985 onwards. According to the petitioner, she has completed 25 years of continuous service. Since there was a division fall, the petitioner was granted protection with effect from 26.7.1999. It is stated that the petitioner was, however, retained in V.R.A.M.H.S., Brahmakulam. While so, Ext.P2 order was passed by the first respondent deploying the petitioner at Government High School, Erumapetty. Ext.P2 order is under challenge in this Writ Petition. On receipt of Ext.P2, the petitioner submitted Ext.P4 representation dated 19.10.2010 to the Deputy Director of Education. In Ext.P4, reference is made to G.O.(P)No.226/03/G.Edn. dated 14.6.2003. The petitioner contended that since she has 25 years of continuous service, she is entitled to be retained in the same school. Ext.P4 representation is pending disposal. 2. When the Writ Petition came up for admission on W.P.(C) NO.32367 OF 2010 U :: 2 :: 21.10.2010, the operation of Ext.P2 order was stayed for a period of one month. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Ext.P4 representation submitted by the petitioner is pending consideration before the Deputy Director of Education. The petitioner relies upon the Government Order dated 14.6.2003 to contend that she is entitled to be retained in the same school and that the Government Order supports that stand. The Deputy Director has to consider the same and pass appropriate orders. Accordingly, the Writ Petition is disposed of directing the Deputy Director of Education to consider and dispose of Ext.P4 representation, as expeditiously as possible and, at any rate, within a period of one month, after affording an opportunity of being heard to the petitioner. Pending consideration of Ext.P4, Ext.P2 order shall be kept in abeyance and the interim order dated 21.10.2010 granted by this Court will continue to be in operation. (K.T.SANKARAN) Judge ahz/