IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 35426 of 2009(W) --------------------------------------- PETITIONER: ------------------- S.AMBIKA, JUNIOR HINDI TEACHER, GOVT.U.P.SCHOOL, KUREEPUZHA P.O., KOLLAM DISTRICT. BY ADVS. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE HEADMASTER, GOVT.U.P.SCHOOL, KUREEPUZHA P.O., KOLLAM DISTRICT. 4. THE MANAGER, P.M.N.M.U.P.SCHOOL, EAST KALLADA P.O., KOLLAM DISTRICT, PIN-691 502. 5. INDIRA.O., JUNIOR LANGUAGE TEACHER (HINDI), GOVT.U.P.SCHOOL, PAZHANGALAM WEST, KOLLAM DISTRICT, PIN-691 601. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35426/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P).NO.403/2002/G. EDN. DTD. 04/12/2002. EXT.P.2: COPY OF THE ORDER NO. A3-27713/02 DTD 23/12/2002 OF THE R.2. EXT.P.3; COPY OF THE ORDER NO. A3-3948/09 DTD. 26/11/2009 OF THE R.2. EXT.P.4: COPY OF THE RELIEVING ORDER DTD. 07/12/2009 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35426 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2010 J U D G M E N T 1. The petitioner in this writ petition was appointed as a Junior Hindi Teacher in P.M.N.M. U.P. School, East Kallada which is an aided school, on 16.07.1990. She had continuous approved service from that date to 31.03.1997. During the staff fixation for the year 1996-97 there was a fall in division. Consequently the petitioner was retrenched from service. Subsequently she was reinstated and allowed to continue by Ext.P1 Government order. In accordance with the revised guidelines for deployment of protected teachers, the 2nd respondent appointed the petitioner giving the benefit of protection, at Govt. U.P. School, Kureepuzha. Petitioner joined that school on 09.01.2003. There is only one post of Junior Hindi Teacher in that school. But now the 5th respondent, who is working as Full-time Language Teacher (Hindi) in Govt. U.P.S.,Pazhangalam West, has W.P.(C)No. 35426 of 2009 -2- been transferred and posted to Govt. U.P. School, Kureepuzha, where the petitioner is working. Although no order has been passed terminating the service of the petitioner or transferring her to accommodate the 5th respondent, the petitioner apprehends that the petitioner would be relieved to accommodate the 5th respondent. It is under the above said circumstances the petitioner has filed the writ petition seeking the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ or order quashing Ext.P3 order in so far as it relates to the transfer and posting of the 5th respondent to Govt. U.P.School, Kureepuzha; ii) to issue a writ of mandamus or any other appropriate writ or order directing the respondents 2 and 3 to permit the petitioner to continue on deployment in Govt. U.P. School, Kureepuzha on the basis of Ext.P2 order; and iii) To issue such other appropriate writ, order or directions as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.” 2. On 23.12.2009 this court passed the following interim order: “Learned Government Pleader on instructions submitted that the petitioner is ordered to be deployed at SSA at BRC. Learned counsel for the petitioner submitted that the same is against Exhibit P2 order whereby the petitioner is ordered to be deployed to the present school and she can be displaced only to appoint a P.S.C. hand. The 2nd respondent will file an affidavit in the matter and offer explanation as to how the petitioner was displaced from the present school. Post on 05.01.2010.” W.P.(C)No. 35426 of 2009 -3- 3. Pursuant thereto an affidavit has been filed by the 2nd respondent stating that the petitioner has now been accommodated in a deputation vacancy at Mohammedan H.S., Edathara. The learned counsel for the petitioner submits that the period of deputation vacancy has not been mentioned in the affidavit. However since petitioner has presently been accommodated in a vacancy there is no immediate threat of the petitioner being terminated from service. 4. In the above circumstances, the writ petition is disposed of with the following directions: 1). The affidavit of the 2nd respondent dated 05.01.2010 is recorded. 2). Petitioner shall make a representation before the 2nd respondent detailing her claim for retention at the Govt. U.P. School, Kureepuzha. 3). The 2nd respondent shall consider the same in accordance with law, taking into account Ext.P1 Government Order and pass appropriate orders thereon as W.P.(C)No. 35426 of 2009 -4- expeditiously as possible at any rate within one month form the date of receipt of representation. 5. Needless to say that the 5th respondent shall also be afforded of an opportunity of being heard before passing orders as directed above. S. SIRI JAGAN JUDGE shg/