IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15790 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------- M.P.KAILASNATH, S/O.V.PRABHAKARAN, AGED 32 YEARS, HIGH SCHOOL ASSISTANT (MATHS), SARVAJANA HIGH SCHOOL, PUTHUCODE-678 687, PALAKKAD DISTRICT. BY ADV. SRI.T.V.VIJAYARAJAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, (MANAGER, SARVAJANA HIGH SCHOOL, PUTHUCODE), PALAKKAD DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. 5. THE HEADMASTER, SARVAJANA HIGH SCHOOL, PUTHUCODE-678 687, PALAKKAD DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 15790 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 J U D G M E N T The petitioner is presently working as Upper Primary School Assistant in Sarvajana High School, Puthucode. Initially, the petitioner was appointed in the said school as High School Assistant (Mathematics) as per Ext.P1. The said appointment was approved. Pursuant to the staff fixation for the year 2005-2006 there occurred a reduction of four divisions and consequently the petitioner was ordered to be retrenched. The petitioner could have been permitted to continue in service by revising the staff fixation by applying the 1:40 teacher student ratio. Without considering the said aspect, he was retrenched from service with effect from 15.7.2005. Thereupon, he approached the 2nd respondent for his retention in service by applying the ratio 1:40 and pursuant to the direction of this Court in W.P(C) No. 27339.2005 an order was passed thereon to allow the petitioner to continue in service. Accordingly, he rejoined duty on 21.11.2005. In short, he had to remain out of service from 15.7.2005 to 20.11.2005. The said period from 15.7.2005 to 20.11.2005 has not been regularised so far. WPC.15790/2010 : 2 : Subsequently, there occurred a leave vacancy in the year 2009. According to the petitioner, he should have been accommodated in the said vacancy. Feeling aggrieved by the non-appointment against the said vacancy he has approached the 3rd respondent, who was then functioning as Manager of the said school. In fact, he is still continuing to function as its Manager. Later, Ext.P5 order has been passed by the 3rd respondent appointing the petitioner as UPSA in the school with effect from 23.3.2009. Thus, the petitioner is presently continuing as UPSA in the school. As noticed hereinbefore, the period between 15.7.2005 and 20.11.2005 is yet to be regularised. That apart, despite his appointment with effect from 23.3.2009, he is not being paid his salary, it is further submitted. In fact, with respect to the said grievance there is no averment in the writ petition. But, according to the petitioner, he has filed Ext.P4 representation before the first respondent for redressing the aforesaid grievances. Ext.P4 is dated 4.8.2009. Despite the receipt of Ext.P4, no order has been passed thereon, it is submitted. It is in this circumstances that this writ petition has been filed by the petitioner. 2. The petitioner has already approached the first respondent by filing Ext.P4 for the redressel of the aforesaid WPC.15790/2010 : 3 : grievances. The first respondent is competent to look into the aforesaid grievances. Considering the fact that Ext.P4 is dated 4.8.2009, there is reason for delaying consideration of the same any further. In these circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P4 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge