IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 35278 of 2010(H) PETITIONER: --------------- KAVITHA.K.N, L.P.S.A, U.P.S. THANIKUDAM, THRISSUR DISTRICT. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA-REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST, PIN-680 001. 5. THE MANAGER, U.P.S. THANIKUDAM, THRISSUR DISTRICT, PIN-680 001. GOVERNMENT PLEADER SRI.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 35278 OF 2010 H ------------------------------------------------------ Dated this the 3rd day of December, 2010 JUDGMENT The petitioner was working as LPSA in U.P.S.Thanikudam, Thrissur District. As per Ext.P2 staff fixation order for 2008-09, it is stated that eleven posts of LPSA were sanctioned. The petitioner was the junior-most LPSA working in the School at that time. As per Ext.P3 staff fixation order for 2009-10, two posts of LPSA were reduced for want of effective strength. Thus, the sanctioned strength of LPSA for the academic year 2009-10 was reduced from eleven to nine. However, applying 1:40 teacher-student ratio as sanctioned as per the Government Order, G.O.(P) No.219/97/G.Edn. dated 20.6.1997, the petitioner was retained as per Ext.P5 order dated 31.8.2009 passed by the Assistant Educational Officer. A Super Check Cell conducted a surprise visit in the School. Thereafter, Ext.P6 revised staff fixation order was issued. As per Ext.P6, one post of LPSA and two posts of UPSA were abolished. The contention of the petitioner is that even after the issuance of Ext.P6 order, by applying 1:40 teacher-student ratio, the petitioner was W.P.(C) NO.35278 OF 2010 :: 2 :: entitled to continue in service. However, pursuant to the direction contained in Ext.P6 order, the Assistant Educational Officer issued Ext.P7 order dated 24.6.2010, by which the petitioner was retrenched from service with effect from 15.7.2009. Challenging Ext.P7 order, the Manager filed Ext.P8 appeal dated 30.6.2010 before the Deputy Director of Education. Ext.P8 appeal is pending. 2. Though several reliefs are prayed for in the Writ Petition, the learned counsel appearing for the petitioner submitted that, for the time being, it would be sufficient if a direction is given to the Deputy Director of Education to consider and dispose of Ext.P8 appeal expeditiously. 3. Learned Government Pleader submitted that Ext.P8 appeal is posted for hearing to 3.12.2010 and that it will be disposed of without delay. Accordingly, the Writ Petition is disposed of directing the Deputy Director of Education to consider and dispose of Ext.P8 appeal filed by the Manager, as expeditiously as possible and, at any W.P.(C) NO.35278 OF 2010 :: 3 :: rate, within a period of one month from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. The petitioner shall also send a copy of the Writ Petition and copy of the judgment to the fifth respondent Manager by registered post and she shall produce proof of the same before the Deputy Director of Education. (K.T.SANKARAN) Judge ahz/