IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 30439 of 2009(Y) -------------------------- PETITIONER(S): --------------- V. PRABHAKARAN, H.S.A. (URUDU), M.N.K.M. HIGHER SECONDARY SCHOOL, CHITTILANCHERRY,PALAKKAD DIST. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 5. THE MANAGER, M.N.K.M. HIGHER SECONDARY SCHOOL, CHITTILANCHERY, PALAKKAD DIST. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30439/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2009 J U D G M E N T The petitioner herein is aggrieved by Ext.P6 order whereby the revision petition filed by him stands rejected. The petitioner herein is working as H.S.A (Urdu) in the school managed by the fifth respondent. The petitioner was initially appointed for the period from 05/08/1988 to 03/03/1989 which was approved as Part-time H.S.A(Urdu). He was reappointed as Full-time H.S.A on 01/06/1989 and the appointment was approved also. He was reverted as Part- time H.S.A (Urdu) in the year 1992-93 but, however, he was given Full-time benefits with effect from 15/07/1994 and continued till 14/07/2008. 2. By Ext.P1 dated 18/11/2008, while finalising the staff fixation, the post was abolished. According to the petitioner, he is entitled for protection as per G.O.(P). No.175/99/G.Edn., dated 26/07/1999 as he was appointed prior to the cut off date 14/07/1996. The petitioner points out that, there were 19 students for Urdu and 12 periods are liable to be alloted and one post of H.S.A Part-time can well be allowed as per Rule 6F of Chapter XXIII of K.E.R and, the benefit of the Government Order dated 26/07/1999 is to be extended. W.P.(C). No.30439/2009 -:2:- 3. In Ext.P6 order, various reasons have been pointed out for rejecting the revision petition filed by the petitioner. The learned counsel for the petitioner vehemently argued that the stand taken in Ext.P6 cannot be sustained in the light of various Government Orders which are in force now. 4. After filing of the writ petition, the petitioner has availed of the remedy of filing revision Ext.P9 dated 02/11/2009. 5. In the light of the fact that the petitioner has already filed a revision petition before the Government, there will be a direction to the first respondent to take a decision on Ext.P9 after hearing the petitioner and the Manager within a period of three months from the date of receipt of a copy of this Judgment. 6. Ext.P6 order shows that till the date of the order passed by the Joint Director of Public Instruction, the interim order of stay was in force and the petitioner was not deployed pursuant to the staff fixation order. Therefore, if the petitioner files a stay petition before the Government within two weeks from today, the same will be considered and appropriate orders will be passed. Further, in this writ petition, by order dated 27/10/2009, it was directed that the petitioner will not be relieved W.P.(C). No.30439/2009 -:3:- pending further orders to be passed. Till orders are passed in the stay petition,the petitioner will not be deployed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms