IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 36022 of 2009(W) ---------------------------------------- PETITIONER(S): ----------------------- K.M.SYAMALAVALLY, W/O.T.V.SAGEER, AGED 45 YEARS, JUNIOR SANSKRIT TEACHER, A.U.P.SCHOOL, KANNARA, THRISSUR-680 652. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 5. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST, PALACE ROAD, THRISSUR-20. 6. THE MANAGER, A.U.P.SCHOOL, KANNARA, THRISSUR-680 652. 7. THE HEADMASTER, A.U.P.SCHOOL, KANNARA, THRISSUR-680 652. * ADDL.RESPONDENTS SOUGHT TO B IMPLEADED 8. A. SREEVALSAN, UPSA, AUP SCHOOL, KANNARA. 9. GEETHA E.U., UPSA, AUP SCHOOL, KANNARA. sts WP(C)NO.36022/2009 10. SHARY FRANCIS,LPSA, AUP SCHOOL,KANNARA. R1 TO R5 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R6 BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN ADDL. R8 TO R10 BY SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.36022/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CIRCULAR NO.44680/J2/88/G.EDN OF THE GOVERNMENT. P2 COPY OF THE STAFF FIXATION ORDER. P3 COPY OF THE REQUEST OF THE PETITIONER (AEO) P3(A) COPY OF THE -DO- (D.D.) P4 COPY OF THE REPLY OF THE A.E.O. P5 COPY OF THE ORDER OF THE DEPUTY DIRECTOR. P6 COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36022/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of January, 2011 J U D G M E N T The petitioner was appointed as Junior Sanskrit Teacher (Part-time) from 06/11/2000 to 30/03/2001 and thereafter, from 06/06/2001 to 06/07/2001. It is pointed out that she has got continuous years service from 02/06/2003. Staff Fixation Order for the year 2007-08 was issued, against which the petitioner has approached the Government claiming full-time benefits which is pending. Presently, the issue concerns the staff fixation order for the year 2009-10. According to the petitioner, the students strength learning Sanskrit in the school is more than enough to sanction the post of Sanskrit Teacher. But for want of Higher Level Verification, the matter was kept pending. Even though a request was made for Higher Level Verification that was not considered and it is in the said circumstance, the writ petition was filed. This Court by interim order dated 18/12/2009 directed the fourth respondent to conduct a Higher Level Verification under Rule 12 of Chapter XXIII K.E.R. W.P.(C). No.36022/2009 -:2:- 2. A statement has been filed by the fourth respondent wherein in paragraph (3) it is stated that as per Higher Level Verification conducted on 25/01/2010 the school is found eligible for 8 divisions (4 L.P and 4 U.P) and one Junior Sanskrit (Part-time). Again, as per the visit on 08/03/2010, vide Government letter, the said school is seen eligible for 9 divisions (5 L.P and 4 U.P Sections) (One additional division and post) and one post of part-time Junior Sanskrit. 3. In the light of the above, the Assistant Educational Officer is directed to pass fresh revised order with respect to the staff fixation for the year 2009-10 within one month from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms