IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 1679 of 2011(H) ------------------------- PETITIONER(S): --------------- 1. P.PADMAJA DEVI, W/O. T.P.RAJENDRA KUMAR, AGED 39 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM, THODUPUZHA. 2. M.G.PREETHY, D/O. M.K.GOPALAN, UPPER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM, THODUPUZHA. 3. GINCY M.CHELAPUZHAYIL, W/O. DENNY GEORGE, AGED 29 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM, THODUPUZHA. 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-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA-685 584. 4. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685 584. 5. THE MANAGER, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. 6. THE PRINCIPAL, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. 7. SMT. A.SANGEETHA, UPPER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. 8. SMT.K.BINDU, UPPER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. 9. SMT. BINDU PAUL, UPPER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. 10. SRI. RENJU BABU, LOWER PRIMARY SCHOOL ASSISTANT, SNMVHS SCHOOL, VANNAPPURAM-685 582, THODUPUZHA, IDUKKI DISTRICT. R1 TO R4 BY G.P. SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1679 of 2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2011. JUDGMENT All the petitioners are working in the school managed by the fifth respondent. The petitioners have produced the staff fixation orders for three years, viz. 2006-2007, 2007-08 and 2008-09, as Exts.P1 to P3. It is pointed out that even though additional divisions were eligible to be sanctioned, because of the ban order, the District Educational Officer did not sanction the same. In the anticipated vacancies, the Manager appointed petitioners 1 and 2 as UPSA and the third petitioner was appointed as LPSA. The request for approval was rejected by the District Educational Officer as per Exts.P4 to P6. Exts.P7 to P9 are the appellate orders passed by the Deputy Director of Education. According to the petitioners, they continued for the academic year 2009-2010, as evident from Ext.P10 statement of students' strength. 2. By Ext.P11, the Government has already lifted the ban on appointments. Exts.P14 to P14(d) are the revised staff fixation orders issued by the District Educational Officer pursuant to the direction issued by this Court in W.P.(C) No.22756/2010. The petitioners have challenged the same wpc 1679/2011 2 by filing revision petitions before the Director of Public Instruction, under Rule 12-E(3) of Chapter XXIII K.E.R., as per Exts.P16 to P16(b). It is prayed that the same may be directed to be disposed of within a specified time limit. 3. There will be a direction to the second respondent Director of Public Instruction to take a decision on Exts.P16 to P16(b) after hearing the parties including the Manager and the petitioners, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioners will produce a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/