IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29162 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. ROSMY.P.I, AGED 38, NOW WORKING AS U.P.S.A. (LEAVE VACANCY), ST.ALOYSIUS H.S. NORTH PARAVUR. 2. JEEWA AUGUSTINE, AGED 32, NOW WORKING AT U.P.S.A.(LEAVE VACANCY), ST.ALOYSIUS H.S. NORTH PARAVUR. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. ST.THOMAS KOTTAKKAVU CORPORATE EDUCATIONAL AGENCY REPRESENTED BY MANAGER, ST.ALOYSIUS H.S., NORTH PARAVUR. 4. ST.AUGUSTINE'S CORPORATE EDUCATIONAL AGENCY, REPRESENTED BY CORPORATE MANAGER, ARCHDIOCES OF ERNAKULAM-ANGAMALY. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29162/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioners are working as U.P.S.As in St.Aloysius High School, North Paravur. The grievance of the petitioners appears to be against the proposed amalgamation of the schools under the 4th respondent Corporate Educational Agency. Ext.P3 is the copy of the request made by the Corporate Educational Agency for amalgamation of the schools, before the Director of Public Instruction. According to the petitioners, if the same is permitted, the claims of the petitioners who are working against leave vacancies for the last more than 12 years for absorption against the permanent vacancies likely to arise within the next academic years will be superseded by promoted hands under Rule 43, or the thrown and regular hands etc. 2. In these circumstances, the petitioners have also filed a representation as per Ext.P4 before the Director of Public Instruction. It is prayed that that D.P.I may be directed to consider their objections in the matter. 3. The learned Government Pleader on instructions submitted that after the receipt of Ext.P3, the Director of Public Instruction has called for W.P.(C). No.29162/2009 -:2:- the report of the Educational Officers concerned and the matter is still pending before the Director of Public Instruction. It is assured that the objections which have been already forwarded along with Ext.P3, and Ext.P4 objection produced herein will also be considered while passing orders by the Director of Public Instruction on Ext.P3. The same is recorded. The writ petition is disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) ms