IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 30927 of 2010(M) -------------------------- PETITIONER(S): --------------- P.S.JASMIN, W/O.ABDUL KAREEM, AGED 34 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), H I H SCHOOL, PONNARIMANGALAM, MULAVUKAD, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-682030. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682011. 4. THE MANAGER, H I H SCHOOL, PONNARIMANGALAM, MULAVUKAD-682504, ERNAKULAM DISTRICT. 5. SMT.SUSAMMA ABRAHAM, UPPER PRIMARY SCHOOL ASSISTANT, HIH SCHOOL, PONNARIMANGALAM, MULAVUKAD-682504, ERNAKULAM DISTRICT. ADV. SRI.ANIL K.NARENDRAN FOR R5 BY G.P.SMT.NISHA BOSE FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30927 OF 2010 ------------------------------ Dated this the 9 th day of November, 2010 JUDGMENT The petitioner was appointed as UPSA in 2003. She was promoted as HSA(Social Science) on 2.11.2005. It is stated that during 2007-2008 the post was abolished for want of students strength. As per Ext.P1 order dated 18.2.2009 passed by the Deputy Director of Education, on appeal by the Manager against the staff fixation order, 1:40 teacher student ratio was allowed to be applied. The appeal filed by the Manager was allowed and the District Educational Officer was directed to sanction 3 rd division in standard VIII and consequent 7 th post of HSA under the revised ratio 1:40 for the year 2007-2008. It is stated that during 2008-2009, a retirement vacancy arose in the High School section and the Manager accommodated the petitioner in that regular vacancy, as per Ext.P2 order dated 31.5.2008. According to the petitioner, the 5 th respondent commenced regular W.P.(C).No.30927 OF 2010 2 service as HSA (Mathematics) on 4.6.1984. During the year 1997-1998 she was deployed to Government School on protection. In 1998, the 5 th respondent rejoined in the parent school. It is stated that during 2002, she was again deployed on protection and again in December, 2004 she was accommodated as LPSA in the parent school. The learned counsel appearing for the 5 th respondent submitted that from June, 2008, the 5 th respondent is continuing as UPSA on pay protection. As per Ext.P3 order dated 16.9.2009, the District Educational Officer approved the accommodation of the 5 th respondent against the regular post of UPSA, but rejected the appointment of the petitioner as HSA in the retirement vacancy. On appeal, the Deputy Director of Education, as per Ext.P4 order dated 19.3.2010 ordered accommodation of the petitioner against retirement vacancy. Against Exts.P1 and P4 orders, the 5th respondent filed Ext.P5 revision dated 5 th April, 2010 before the first respondent. Ext.P5 revision is pending disposal. 2. Though several reliefs are claimed in the W.P.(C).No.30927 OF 2010 3 Writ Petition, the learned counsel for the petitioner submitted that for the time being it would be sufficient, if direction is issued to the first respondent to dispose of Ext.P5 revision expeditiously. Learned counsel appearing for the 5 th respondent has no objection to such a relief being granted. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P5 revision filed by the 5 th respondent as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the 5 th respondent, the petitioner and the Manager. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms