IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27537 of 2011(N) -------------------------- PETITIONER : -------------------- ANITHA.T.K, W/O.P.K.PRASAD, AGED 41 YEARS, HIGH SCHOOL ASSISTANT (HINDI), VALANCHERRY HIGHER SECONDARY SCHOOL, VALANCHERRY, MALAPPURAM DISTRICT, PIN-676 552. 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-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM-676 519. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT-676 101. 5. THE MANAGER, VALANCHERRY HIGHER SECONDARY SCHOOL, VALANCHERRY, MALAPPURAM DISTRICT, PIN-676 552. R1 TO R4 BY GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27537 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF THE STAFF FIXATION ORDER 2006-2007 DATED 30-11-2006. EXHIBIT P2- TRUE COPY OF THE STAFF FIXATION ORDER 2007-2008 DATED 12-12-2007. EXHIBIT P3- TRUE COPY OF THE STAFF FIXATION ORDER 2008-2009 DATED 12-12-2008. EXHIBIT P4- TRUE COPY OF THE ORDER NO.K.DIS.B6/6021/08 OF THE DISTRICT EDUCATIONAL OFFICER DATED 18-12-2008. EXHIBIT P5- TRUE COPY OF THE STAFF FIXATION ORDER 2009-2010 DATED 16-01-2010. EXHIBIT P6- TRUE COPY OF THE LETTER OF THE MANAGER OF THE SCHOOL DATED 10-12-2010. EXHIBIT P7- TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 09-12-2010. EXHIBIT P8- TRUE COPY OF THE STAFF FIXATION ORDER (REVISED) 2009-10 DATED 11-10-2010. EXHIBIT P9- TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 DATED 24-11-2010 . EXHIBIT P10-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 23-07-2007, 01-06-2010 EXHIBIT P11-TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 08-08-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27537/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of October, 2011 J U D G M E N T The petitioner is working as High School Assistant (Hindi) in the school managed by the fifth respondent. She was appointed in an additional division vacancy. 2. It is the case of the petitioner that the Manager, as per Ext.P6 letter dated 10/12/2010 moved the District Educational Officer to revise the staff fixation order. It is pointed out that the same is submitted along with the declaration (Ext.P7) as stipulated in G.O.(P).No.10/2010/G.Edn., dated 12/01/2010. Later, the District Educational Officer revised the staff fixation order during the academic year 2009-10 as per Ext.P8 order, sanctioning four posts of H.S.A.(Hindi) and one post of Lower Grade (Hindi). Ext.P9 is the staff fixation order for the academic year 2010-11 wherein also same numbers of posts in Hindi have been sanctioned. Accordingly, the appointment of the petitioner from 15/07/2009 to 31/03/2010 has been approved on daily wage basis and W.P.(C). No.27537/2011 -:2:- from 01/06/2010 onwards on scale of pay, as evident from Ext.P10 order. Since the staff fixation orders from the year 2006-07 onwards have not been revised, the petitioner has filed an appeal before the Director of Public Instruction. It is pointed out that once the said staff fixation orders are revised, the petitioner will get approval from 23/07/2007. The petitioner has sought for a direction to the Director of Public Instruction to take a decision on Ext.P11 appeal within a time frame. 3. There will be a direction to the Director of Public Instruction to take a decision on Ext.P11 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 the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms