IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 20284 of 2010(I) -------------------------- PETITIONER(S): --------------- KHADEEJA.K,U.P.S.A,N.V.A.U.P.SCHOOL, PANAMMANA SOUTH,OTTAPALAM,PALAKKAD DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM. 4. JYOTHI UNNIKRISHNAN,'UJJAINI', THACHAMPARA.P.O,PALAKKAD DISTRICT, PIN-678593. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.20284 OF 2010 -------------------------------------------- Dated this the 30th day of June, 2010 JUDGMENT The petitioner is presently working as Upper Primary School Assistant in N.V.A.U.P School, Panamanna South, Palakkad. She has been working in the said school since 15.7.2003. The said school and N.V.A.U.P.School, Thenkara were under the same managements. Subsequently, the management of the N.V.A.U.P.School, Panamanna South was transferred by the educational agency in favour of one Sri.M.V Manoj with appropriate sanction from the educational authorities in terms of the provisions under the Kerala Education Rules. Such transfer came into force with effect from 1.4.2007 as is obvious from Ext.P1. Subsequent to Ext.P1, the teaching and non-teaching staff of N.V.A. U.P.School, Panamanna South stood continued in the same school and nobody from the N.V.A.U.P.School, Thenkara made any demand for transfer to N.V.A.U.P School Panamanna South. In short, the contention of the petitioner is that pursuant to Ext.P1 order, the two schools are functioning as different schools under different managements. The grievance of the petitioner pertains to Exts.P2 and P3 orders. As per W.P.(C) NO.20284/2010 2 Ext.P2 order dated nil, the second respondent reassigned the combined seniority of the teachers of the aforesaid schools and directed to shift the fourth respondent to the school wherein the petitioner is working. Ext.P2 order was passed with reference to Ext.P3 order. Essentially the grievance of the petitioner is that in the light of Ext.P1 order, Ext.P2 should not have been passed by the authorities shifting the fourth respondent to the school wherein the petitioner is working. The petitioner is aggrieved by Ext.P2 order as it would result in her retrenchment. When faced with retrenchment in the light of Exts.P2 and P3, the petitioner has taken up the matter before the first respondent through Ext.P4 revision petition. Ext.P4 dated 21.5.2010 is still pending before the first respondent. Considering the fact that Ext.P4 revision petition filed by the petitioner raising grievances against Exts.P2 and P3 is pending, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P4 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and respondent No. 4 and the Managers of the aforesaid schools. Since the petitioner has been continuing in the N.V.A.U.P.School, Panamanna subsequent to Ext.P1 order dated 1.4.2007 and the present W.P.(C) NO.20284/2010 3 order has been passed only on 18.10.2009 ie., nearly after more than three years, I think the petitioner is entitled to be retained in N.V.A.U.P School, Panamanna South till an order is passed on Ext.P4 in terms of the directions in this judgment. Therefore, the petitioner shall be permitted to continue in the N.V.A.U.P School, Panamanna South till such time. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.20284/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.20284/2010 5