IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34873 of 2008(B) -------------------------- PETITIONER(S): ----------------- BIJU PAPPACHAN, S/O. G. PAPPACHAN, SEENAI MANDIRAM, VILANGARA, CHEPRA.P.O, UMMANNOOR, KOTTARAKKARA, WORKING AS FTM, ST. JOHNS VOCATIONAL HIGHER SECONDARY SCHOOL, UMMANNOOR.P.O, KOTTARAKKARA. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 4. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 5. THE MANAGER, ST. JOHNS VOCATIONAL HIGHER SECONDARY SCHOOL, UMMANNOOR.P.O, KOTTARAKKARA. GOVT.PLEADER SRI.T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34873 OF 2008 (B) ==================== Dated this the 26th day of November, 2008 J U D G M E N T Petitioner is a full time menial in the school of which the 5th respondent is the Manager. 2. According to the petitioner, consequent on the staff fixation order for 2008-09, there will be reversion of a UPSA, resulting in the consequential retrenchment of the petitioner. It is stated that an appeal filed by the petitioner against the staff fixation order is also pending. 3. In the meanwhile, Ext.P4 Government order was issued on 20th of September, 2008, implementing the ratio of 1:40 and petitioner submits that if Ext.P4 is applied, there will not be any reversion of the UPSA and his consequential retrenchment also could be avoided. It is stated that on coming to know of Ext.P4, seeking to revise the staff fixation order for 2008-09, Manager has filed Ext.P5 before the 3rd respondent. 4. In this writ petition, what is sought for by the petitioner is a direction to the 3rd respondent to consider Ext.P5 and pass orders thereon. 5. As already noticed, the claim of the Manager is for the benefit of Ext.P4 Government order and on that basis a revision of the staff WPC 34873/08 :2 : fixation order. Now that the Manager has taken up the matter before the 3rd respondent by filing Ext.P5, it is only appropriate that the 3rd respondent passes orders on Ext.P5. This the 3rd respondent shall do, with notice to the 5th respondent and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. 6. In the meanwhile, it is directed that the status quo in so far as the petitioner is concerned, shall be maintained. However, the petitioner's claim for salary and other benefits arising out of this order of status quo will depend upon the outcome of Ext.P5. 7. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp