IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 3520 of 2011(L) -------------------------------- PETITIONER(S): ------------------- SINI ANTONY, UPPER PRIMARY SCHOOL ASSISTANT ST.GEORGE'S HIGH SCHOOL, EDAPPALLY BY ADVS. 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-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD,ERNAKULAM-682030 4. THE ASSISTANT EDUCATIONAL OFFICER, ALUVA,ERNAKULAM DISTRICT-683101 5. THE MANAGER, CORPORATE EDUCATIONAL AGENCY UNDER ST.GEORGE FORANE CHURCH, EDAPPALLY, KOCHI-682024 6. SMT.BENCY PAULOSE, UPPER PRIMARY SCHOOL ASSISTANT PIOUS GIRLS'HIGH SCHOOL, EDAPPALLY, KOCHI-682024 7. SMT.MINI JOHN, UPPER PRIMARY SCHOOL ASSISTANT, PIOUS GIRLS'S HIGH SCHOOL, EDAPPALLY, KOCHI-682024 R1 TO R4 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3520/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of February, 2011 J U D G M E N T The petitioner is working as U.P.S.A in the school managed by the fifth respondent. Initially, she commenced service as L.P.S.A on 05/06/2006 in St.George L.P.School, Edappally. During the year 2010-11, the petitioner became excess and the Manager has passed Ext.P1 order accommodating her against the post of L.P.S.A in St.Joseph's L.P. School, Kakkanad. On the basis of Ext.P2 communication issued by the Assistant Educational Officer, the petitioner approached the Deputy Director of Education as per Ext.P3 representation and the Manager had also approached the said authority by Ext.P4 which were rejected by the Deputy Director of Education as per Ext.P5 taking the view that the teacher thrown out from an Educational Agency cannot be accommodated against a different school under the same Agency. The petitioner filed an appeal against the same as per Ext.P6. 2. According to the petitioner, the Manager has shifted one Smt.Mini John, U.P.S.A as L.P.S.A W.P.(C). No.3520/2011 -:2:- irregularly. It is pointed out that this is against a dictum laid down by this Court in W.A.No.25/2011. 3. It is upto the Director of Public Instructions to take a decision in the matter after hearing all the parties. There will be a direction to the second respondent to take a decision on Ext.P6 after hearing the petitioner and respondent Nos.5 to 7 and any other teachers who are affected, 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. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE