IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 12156 of 2011(T) -------------------------- PETITIONER(S): --------------- P.B.PREETHA, UPPER PRIMARY SCHOOL ASSISTANT, A.M.UPPER PRIMARY SCHOOL, MUNDAMKOTTUKURISSI, P.O.SHORNUR GOVERNMENT PRESS- 679122. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. ASSISTANT EDUCATIONAL OFFICER, SHORNUR, P.O.SHORNUR,GOVERNMENT PRESS-679122. 2. THE MANAGER, AMUP SCHOOL, A.M.UPPER PRIMARY SCHOOL, MUNDAMKOTTUKURISSI, P.O.SHORNUR, GOVERNMENT PRESS-679122. 3. THE HEADMASTER, A.M.UPPER PRIMARY SCHOOL, MUNDAMKOTTUKURISSI, P.O.SHORNUR, GOVERNMENT PRESS-679122. (*)ADDL.R4 RAHEEMA K.K, UPPER PRIMARY SCHOOL ASSISTANT, A.M.U.P SCHOOL, MUNDAKKOTTUKURISSI, SHORNUR, GOVERNMENT PRESS P.O., PALAKKAD DISTRICT-679 122. (*)ADDITIONAL FOURTH RESPONDENT IMPLEADED AS PER ORDER ON I.A.NO.10240/2011 DATED 05/07/2011 ADV. SRI.C.A.MAJEED FOR ADDL.R4 SRI.K.H.ASIF FOR ADDL.R4 GOVERNMENT PLEADER, SMT.RANI DIOTHIMA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12156 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 3/11/2010 OF THE PETITIONER TO THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE PROCEEDINGS DATED 8.11.2010 OF THE FIRST RESPONDENT EXT.P3 TRUE COPY OF THE LETTER DATED 20/11/2010 OF THE FIRST RESPONDENT T THE PETITIONER. EXT.P4 TRUE COPY OF THE PROCEEDINGS DATED 17.3.2011 OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 30/03/2011 OF THE PETITIONER TO THE FIRST RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12156/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner herein who is working as an Upper Primary Schoo1 Assistant is aggrieved by the non implementation of Ext.P4 order passed by the Deputy Director of Education, by the first respondent. 2. Order Ext.P4 is passed in appeal filed by the Manager against the staff fixation order. The direction in Ext.P4 is to retain the petitioner after revising the staff fixation order in terms of the Government Order dated 22/09/2010 and to retain the additional fourth respondent upto 14/07/2012 applying 1:40 ratio. In fact, the direction of the Assistant Educational Officer in Ext.P3 was to retain the additional fourth respondent and to retrench the petitioner and, that order has been modified by Ext.P4 and therefore, the same will have to be modified by revising the staff fixation. 3. Accordingly, there will be a direction to the first respondent to implement the directions in Ext.P4 W.P.(C). No.12156/2011 -:2:- by revising the staff fixation and same will be done within one month from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms