IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 6330 of 2011(M) --------------------- PETITIONER : --------------- K.R.RATHEESH, S/O.K.S.RAJU, AGED 23 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, SNUP SCHOOL, NANKICITY, PO KANJIKUZHY, IDUKKI 685 606. 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 DEDPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI DISTRICT - 685 584. 4. THE ASSISTANT EDUCATIOINAL OFFICER, ADMIALI, IDUKKI DISTRICT- 685 561. 5. THE MANAGER, SNUP SCHOOL, NANKICITY, PO KANJIKUZHI, IDUKKI DISTRICT- 685 606. R1 TO R4 BY GOVT. PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6330 of 2011-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011. JUDGMENT The petitioner is working as an Upper Primary School Assistant in the school managed by the fifth respondent. She was appointed as such from 23.6.2008 in the promotion vacancy of Smt. K. Sarasa as Headmistress. The proposal for approval is rejected as per Ext.P1 by the Asst. Educational Officer, Thodupuzha stating that the vacancy has to be filled up by a protected teacher. The appeal filed against Ext.P1 order, was rejected by the Director of Public Instruction. Presently, a revision petition filed by the petitioner as Ext.P3, is pending before the Government. 2. According to the petitioner, at the time of appointment of the petitioner, there is no protected UPSA in Adimaly Educational Sub District. One protected teacher, viz. Smt.C.S. Thulasi Devi available in the said sub district was accommodated in Mazhupadi L.P. School and Ext.P4 is relied upon in that context. Learned counsel for the petitioner submitted that in the light of the judgments of this Court in Ext.P7 and P8 and also Ext.P9 judgment of a Division Bench of this Court which is confirmed by the Apex Court in Ext.P10 judgment, the stand taken by the Asst. Educational Officer wpc 6330/2011 2 cannot be accepted. It is up to the first respondent to take a decision in the matter. 3. Therefore, there will be a direction to the first respondent to take a decision on Ext.P3 revision petition after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/