IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25233 of 2009(Y) -------------------------- PETITIONER(S): --------------- N.J.JEENA, W/9.K.SATHYABABU, AGED 33 YEARS, HIGH SCHOOL ASSISTANT (MATHS), P.RM.K.H.S SCHOOL, KOLAVALLUR, P.O.THUVAKKUNNU, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O. KANNUR -2 J 4. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT 5. THE MANAGER, P.R.M.K.H.S. SCHOOL, KOLAVALLUR, P.O. THUVAKKUNU, KANNUR DISTRICT 6. SMT.ANULOPA V., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), P.R.M.K.H.S SCHOOL, KOLAVALLUR, P.O. THUVAKKUNNU, KANNUR DISTRICT 7. SRI PRAKASH BABU, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE) --DO-- 8. SMT.P.PRAJISHA, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) --DO-- SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25233 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August, 2009. JUDGMENT The petitioner is working as H.S.A. Maths in P.R.M.K. Higher Secondary School, Kolavallur. Ext.P1 is the staff fixation order for the year 2008-2009 whereby the District Educational Officer granted 37 divisions in the school under 1 : 45 teacher student ratio. Later, six more posts were sanctioned under 1 : 40 ratio. The excess teachers were retained on the basis of seniority. The petitioner was accordingly ordered to continue in service and Smt. P. Prajeesha who is junior to the petitioner, was ordered to be retrenched as excess. 2. The Manager filed an appeal against the said order before the Deputy Director of Education and the Deputy Director of Education passed orders retaining Smt. Prajeesha against the H.S.A. (English) post and ordered retrenchment of the petitioner. Ext.P3 is the revised staff fixation order issued by the District Educational Officer in the matter. The petitioner had filed a revision petition before the Director of Public Instruction. But that was also rejected as per Ext.P4 order. Presently, a revision petition has been filed by the petitioner before the Government as wpc 25233/2009 2 per Ext.P5. She seeks for a direction to the Government to pass orders on Ext.P5. 3. There will be a direction to the first respondent to take a decision on Ext.P5 after hearing the petitioner and respondents 5 to 8, within a period of four months from the date of receipt of a copy of this judgment. The present arrangement whereby the petitioner and the other teachers are said to be continuing in the school, will not be disturbed till the revision petition is disposed of. The payment of salary to the petitioner will be in terms of the final order to be passed by the first respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/