IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31233 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------ P.P. SAMEERA, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE UNDER REVERSION AS UPSA), AMM HIGH SCHOOL, PULIKKAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT EDUCATIONAL OFFICER, MALAPPURAM, PIN-673 001. 3. MANAGER, AMM HS & LPS, PULIKKAL P.O., MALAPPURAM DISTRICT-673 673. 4. C. ANILKUMAR, HSA (ENGLISH-LEAVE SUBSTITUTE), AMM HIGH SCHOOL, PULIKKAL P.O., PIN-673 673, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR.M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31233 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE G.O.(RT)NO.3829/08/G.EDN. DATED 22/8/08. EXT.P2 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 31/7/06 APPOINTING THE PETITIONER AS HSA (PHYSICAL SCIENCE). EXT.P3 TRUE PHOTOCOPY OF THE JUDGEMENT DATED 27/7/2009 IN WPC.5731/09. EXT.P4 TRUE PHOTOCOPY OF THE G.O.(RT)NO.2059/11/G.EDN. DATED 2/6/11. EXT.P5 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 29/7/11 APPOINTING THE PETITIONER AS UPSA (LEAVE SUBSTITUTE). EXT.P6 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 29/7/11 APPOINTING THE FOURTH RESPONDENT AS HSA (ENGLISH- LEAVE SUBSTITUTE). EXT.P7 TRUE PHOTOCOPY OF THE STAFF FIXATION ORDER DATED 27/8/10 FOR THE YEAR 2010-2011 IN RESPECT OF AMMHS, PULIKKAL. EXT.P8 TRUE PHOTOCOPY OF THE CIRCULAR NO.9679/J2/99/G.EDN. DATED 24/3/99. EXT.P9 TRUE PHOTOCOPY OF THE GOVERNMENT LETTER NO.7952/J2/08/G.EDN. DATED 6/1/09. EXT.P10 THE PHOTOCOPY OF THE REPRESENTATION DATED 29/8/11 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P11 TRUE PHOTOCOPY OF THE G.O.(MS)NO.11/02/E.EDN. DATED 7/1/02. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31233/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of November, 2011 J U D G M E N T The petitioner was initially appointed as an Upper Primary School Assistant by the Manager during different periods against the leave vacancy of one Smt.P.P.Beevi. The said appointment was approved by the Department. Later, the petitioner was appointed as a High School Assistant (Physical Science) from 31/07/2006 to 28/07/2011 in a leave vacancy of Shri P.Vidhyadharan, H.S.A (Physical Science). It is averred that the said appointment has also been approved as per the direction of this Court in W.P.(C). No.5731/2009. It is the case of the petitioner that even though the leave period of Shri P.Vidhyadharan stands extended for a further period of five years from 29/07/2011, the petitioner was reverted as U.P.S.A and the fourth respondent stands promoted as H.S.A (English) and accommodated in the leave vacancy of Shri P.Vidhyadharan. These facts are evident from Exts.P5 and P6. W.P.(C). No.31233/2011 -:2:- 2. Learned counsel for the petitioner submitted that the reversion of the petitioner cannot be justified and, as she was working as H.S.A (Physical Science) in core subjects, she had to be accommodated against the extended leave vacancy of Shri P.Vidhyadharan. It is further submitted that the appointment of the fourth respondent has not been approved so far and the petitioner has filed a detailed representation as per Ext.P10 against the reversion of the petitioner as well as objecting to the approval of appointment of the fourth respondent. 3. Heard the learned Government Pleader appearing for respondent Nos.1 and 2. 4. It is upto the District Educational Officer to consider all matters in terms of the grievance raised by the petitioner and after hearing the Manager and the fourth respondent. There will be a direction to the District Educational Officer to take a decision with notice to the petitioner and respondent Nos.3 and 4. Decision as above will be taken within a period of three months from the date of receipt of a copy of this Judgment. Such a decision will be taken before taking a final decision on the approval of appointment of the W.P.(C). No.31233/2011 -:3:- fourth respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms