IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30931 of 2011(N) -------------------------- PETITIONER -------------- S.SUJA, W/O.SASISEKHAR, AGED 43 YEARS, (FORMERLY HIGH SCHOOL ASSISTANT(MALAYALAM), VOCATIONAL HIGHER SECONDARY SCHOOL, NADUVATTOM HARIPPAD) KALANILAYAM, P.O. PALLIPPAD, HARIPPAD, ALAPPUZHA DISTRICT- 690 512. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT-688 001. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA-688 011. 5. THE MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, NADUVATTOM, PALLIPPAD, HARIPPAD, ALAPPUZHA DISTRICT- 690 512. BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30931 of 2011(N) ----------------------------------- APPENDIX ----------- PETITIONER(S) EXHIBITS ------------------------------- EXHIBIT-P1. TRUE COPY OF THE APPOINTMENT ORDER AND THE APPROVAL THEREOF 28.09.2000/03.02.2001. EXHIBIT-P2. TRUE COPY OF THE APPOINTMENT ORDER AND THE APPROVAL THEREOF 06.06.2002. EXHIBIT-P3. TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B4/5746/03 OF THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA 15.07.2003. EXHIBIT-P4. TRUE COPY OF THE CIRCULAR NO.H2-35920/11 OF THE 2ND RESPONDENT. EXHIBIT-P5. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT EDUCATIONAL OFFICER 15.10.2011. EXHIBIT-P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEPUTY DIRECTOR 15.10.2011. EXHIBIT-P7. TRUE COPY OF THE REPRESENTATION SUMITTED BEFORE THE 2ND RESPONDENT 15.10.2011. EXHIBIT-P8. TRUE COPY OF THE LETTER NO.B4-7116/2011 OF THE DIST.EDUCATIONAL OFFICER 01.11.2011. EXHIBIT-P9. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT 11.11.2011. RESPONDENTS' EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30931/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of November, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Ext.P9 representation seeking to include the petitioner also in the list of retrenched teachers published along with Ext.P4 Circular as per G.O.(P).No.199/11/G.Edn., dated 01/10/2011. 2. It is a case where the petitioner was appointed as High School Assistant (Malayalam) from 28/09/2000 to 31/01/2001 in the Vocational Higher Secondary School, Naduvattom in Alappuzha Educational District and consequently approval was granted as evident from Ext.P1 order. In a later vacancy from 11/06/2001, the petitioner was reappointed and the appointment was also approved as per Ext.P2. 3. She had to face retrenchment with effect from 14/07/2003 after the staff fixation was finalised by the District Educational Officer by Ext.P3. It is pointed out that when an appeal was filed against the same, the petitioner was allowed to continue. W.P.(C). No.30931/2011 -:2:- 4. It is the case of the petitioner that a resignation letter given by her, which was never intended for use by the Manager, is now taken as a reason for exclusion of the petitioner from the list concerned. The same is evident from Ext.P8 communication issued by the District Educational Officer. Challenging the same, the petitioner has filed Ext.P9 before the Government. It is upto the Government to take a decision on Ext.P9 and, therefore, I am not going into the merits of the matter. 5. There will be a direction to the Government to take a decision on Ext.P9 after notice to the petitioner and the Manager within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. 6. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms