IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 16331 of 2010(N) -------------------------- PETITIONER(S): LATHA E.V, L.P.S.A, AKKIPARAMBA U.P. SCHOOL, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): 1. THE MANAGER, AKKIPARAMBA U.P.SCHOOL AKKIPARAMBA, TALIPARAMBA, KANNUR DISTRICT. 2. THE HEADMISTRESS, AKKIPARAMBA U.P.SCHOOL AKKIPARAMBA, TALIPARAMBA, KANNUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER TALIPARAMBA NORTH, TALIPARAMBA,KANNUR DISTRICT. 4. THE DEPUTY DIRECTOR OF EDUCATION,KANNUR 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS,THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 7. E.P.SAJITHKUMAR, U.P.S.A AKKIPARAMBA U.P.SCHOOL, AKKIPARAMBA, TALIPARAMBA, KANNUR DISTRICT. 8. NISHA M.NAIR, U.P.S.A, (UNDER ORDER OF RETRENCHMENT) AKKIPARAMBA U.P.SCHOOL AKKIPARAMBA, TALIPARAMBA, KANNUR DISTRICT. 9. K.RAJITHA, L.P.S.A AKKIPARAMBA U.P.SCHOOL AKKIPARAMBA, TALIPARAMBA, KANNUR DISTRICT. ADV. SRI.V.A.MUHAMMED FOR R1 & R7 SRI.K.E.HAMZA FOR R1 & R7 G.P.SRI.SANDESH RAJA FOR R3 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16331 of 2010(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS LPSA. EXT.P2: A TRUE COPY OF THE REVISED STAFF FIXATION ORDER DATED 19.10.2009. EXT.P3: A TRUE COPY OF THE ORDER DATED 20.10.2009 ISSUED BY THE MANAGER. EXT.P4: A TRUE COPY OF THE ORDER DATED 23.10.2009 ISSUED BY THE FIRST RESPONDENT MANAGER. EXT.P5: A TRUE COPY OF THE APPEAL DATED 3.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ASSISTANT EDUCATIONAL OFFICER. EXT.P6: A TRUE COPY OF THE ORDER DATED 11.1.2005 ISSUED BY THE DPI. EXT.P7: A TRUE COPY OF THE ORDER DATED 3.4.2010 ISSUED BY THE A.E.O. TO THE HEADMISTRESS. EXT.P8: A TRUE COPY OF THE ENQUIRY REPORT REFERRED TO THEREIN DATED 27.2.2010. EXT.P9: A TRUE COPY OF THE APPEAL DATED 29.4.2010 SUBMITTED BY THE PETITIONER BEFORE THE D.P.A. EXT.P10: A TRUE COPY OF THE COMPLAINT DATED 12.4.2010 SUBMITTED BY THE MANAGER TO THE A.E.O. EXT.P11: TRUE COPY OF THE DETAILS OF THE FIXATION AND STAFF PATTERN 2008- 09 PREPARED BY THE PETITIONER. EXT.P12: A TRUE COPY OF THE ORDER DATED 29.4.2010 ISSUED BY THE A.E.O. TO THE HEADMISTRESS. EXT.P13: A TRUE COPY OF THE COMMUNICATION DATED 4.5.2010 ISSUED BY THE HEADMISTRESS TO THE PETITIONER. EXT.P14: A TRUE COPY OF THE STATEMET OF TEACHERS WORKING IN SANCTIONED POSTS IN RESPECT OF THE YEAR 2003-04. EXT.P15: A TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 5.6.2002. EXT.P16: A TRUE COPY OF THE REPLY GIVEN BY THE HEADMISTRESS GIVEN THE REQUEST UNDER THE RIGHT TO INFORMATION ACT. EXT.P17: A TRUE COPY OF THE RELEVANT EXTRACT FROM THE APPROVAL REGISTER MAINTAINED IN THE AEO'S OFFICE. WP(C).No. 16331 of 2010(N) 2 EXT.P18: A TRUE COPY OF THE DETAILS OF TEACHERS WORKING IN THE SANCTIONED POSTS, IN RESPECT OF THE YEAR 2007-08. EXT.P19: A TRUE COPY OF THE DETAILS OF TEACHERS WORKING IN THE SANCTIONED POSTS, IN RESPECT OF THE YEAR 2008-09. EXT.P20: A TRUE COPY OF THE DETAILS OF TEACHERS WORKING IN THE SANCTIONED POSTS, IN RESPECT OF THE YEAR 2009-2010. RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF THE LETTER OF THE HEADMISTRESS DATED 18.5.2010. EXT.R1(b): TRUE COPY OF THE CATEGORY-WISE LIST. EXT.R1(c): TRUE COPY OF THE APPOINTMENT ORDER OF SRI.SAJITH KUMAR E.P. DATED 25.11.1999. EXT.R1(d): TRUE COPY OF THE -DO- -DO- DATED 5.6.2002. EXT.R1(e): TRUE COPY OF THE REVISION PETITION FILED BY SMT.NISHA M.NAIR DATED 12.11.2009. EXT.R1(f): TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.530 OF 2010-M. EXT.R1(g): TRUE COPY OF THE ARGUMENT NOTES. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.16331 of 2010 ---------------------------------------- Dated 12th August, 2010 JUDGMENT As per Ext.P1, the petitioner was appointed as Lower Primary School Assistant (LPSA) with effect from 1.6.2005. The 7th respondent was appointed as an Upper Primary School Assistant (UPSA) in the said school in the year 2002. While so, pursuant to the staff fixation order for the academic year 2008-2009, two posts of UPSA and one post of LPSA were reduced. However, taking into account the teacher-student ratio of 1:40 the 7th respondent was retained as UPSA. However, apprehending that there is likelihood of further reduction in the category of UPSA, the 7th respondent submitted a complaint before the Manager. Subsequently, the Manager has passed Exts.P3 and P4 orders whereby the petitioner was shifted to the post of UPSA and the 7th respondent was shifted to the post of LPSA. The petitioner has preferred an appeal against the said orders. Ext.P5 appeal preferred by the petitioner is still pending before the third respondent. However, in the meanwhile, the 4th respondent issued Ext.P8 order. As per Ext.P8, the 4th respondent directed for category change. The contention of the petitioner is that the said order was passed without notice to the petitioner. Therefore, against WP(C).No.16331/2010 2 Ext.P8 he has preferred Ext.P9 appeal before the fifth respondent. It is still pending. It is with these averments that this writ petition has been filed. In the meanwhile, on the ground that the Headmistress of the school did not furnish the details required by the third respondent, the salary of the petitioner was withheld. Pursuant to an interim order passed by this Court on 14.6.2010 the petitioner is now drawing salary. Obviously, the petitioner has already approached the 5th respondent raising grievances against Ext.P8 through Ext.P9 appeal and the said appeal is still pending before the 5th respondent. Therefore, this writ petition is disposed of, without making any observations as to the merits of the contentions raised by the petitioner, with a direction to the fifth respondent to consider and pass orders on Ext.P9 with notice to the petitioner, respondents 1, 7, 8 and 9 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till such a decision is taken on Ext.P9, the interim order passed by this Court on 14.6.2010 will remain in force. C.T.RAVIKUMAR Judge TKS