IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 29525 of 2009(I) ------------------------------------- PETITIONER: ------------------- ALEYAMMA.M.A., AGED 35, D/O.ABRAHAM VARGHESE, HIGH SCHOOL ASSISTANT (HSA), ST.MARY'S GIRLS HIGH SCHOOL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY MR.S.P.ARAVINDAKSHAN PILLAY, SENIOR ADVOCATE, ADV. MR.JOSEPH GEORGE. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR, EDUCATION DEPARTMENT, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. ST.MARY'S GIRLS HIGH SCHOOL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT, REP. BY ITS MANAGER. 4. THE HEADMISTRESS, ST.MARY'S GIRLS HIGH SCHOOL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 5. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. *ADDL.R6. IMPLEADED: 6. GLEN PRIYA JOHN, HIGH SCHOOL ASSISTANT (MALAYALAM), ST. THOMAS HIGHER SECONDARY SCHOOL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. *IS IMPLEADED AS ADDL.R6. AS PER ORDER DATED 29/10/09 IN I.A. NO.13496/09. R1, R2 & R5 BY GOVERNMENT PLEADER MR. DILIP MOHAN, ADDL.R6 BY MR.K.R.B.KAIMAL, SENIOR ADVOCATE, ADV. MR.B.UNNIKRISHNA KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29525/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO:1311/2009-10 DTD. 15/07/09 OF THE R.3. EXT.P.2: COPY OF THE G.O.(P).403/2002/G. EDN. DTD. 04/12/02. EXT.P.3: COPY OF THE MODIFIED G.O.(P).NO.226/2003-G. EDN. DTD. 14/06/03. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 30/09/09 OF THE R.2. EXT.P.5: COPY OF THE WARRANT OF THE PETITIONER APPOINTING HER AS GUIDE CAPTAIN. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R.2. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE HEADMISTRESS OF ST. MARY'S G.H.S BEFORE THE R.2. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE DISTRICT SECRETARY OF BHARATH SCOUTS AND GUIDES, PATHANAMTHITTA. EXT.P.9: COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS OF ST. MARY'S G.H.S. EXT.P.10: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.11: COPY OF THE PROCEEDINGS DTD. 30/07/09 OF THE R.2. BEARING NO.83/5400/09. EXT.P.12: COPY OF THE PROCEEDINGS DTD. 31/07/09 OF THE R.2. BEARING NO.B3/4537/09. RESPONDENTS' EXHIBITS: EXT.R6.A: COPY OF THE SENIORITY LIST OF TEACHERS AND NON TEACHING STAFF IN ST. THOMAS H.S.S. AND ST.MARY'S H.S. KOZHENCHERRY AS ON 01/01/2009. EXT.R6.B: COPY OF THE ORDER NO. D. DIS. B3-5400/09 DTD. 30/07/2009 ISSUED BY THE R.2. EXT.R6.C: COPY OF THE STAFF FIXATION ORDER NO. D. DIS. B3-4537/09 DTD. 31/07/2009 ISSUED BY THE R.2. IN RESPECT OF ST. MARY'S H.S, KOZHENCHERRY. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29525/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of December, 2009 J U D G M E N T The petitioner is working as High School Assistant (Malayalam) in St.Mary's Girls High School, Kozhencherry and the additional sixth respondent is working as High School Assistant (Malayalam) in St.Thomas Higher Secondary School, Kozhencherry under the same Management. The additional sixth respondent is senior to the petitioner in the seniority list. 2. We are concerned with the staff fixation 2009-10 which was issued as per Ext.R6(b) in St.Thomas Higher Secondary School, Kozhencherry, wherein due to reduction of one division only two posts of H.S.A (Malayalam) have been sanctioned and the additional sixth respondent is the junior-most in that school. In St.Mary's Girls High School, three posts of H.S.A (Malayalam) have been sanctioned, as in the previous year and the petitioner is the junior-most teacher there and Ext.R6(c) is the staff fixation for this year. As both the schools belong to the same Corporate Educational Agency, the Manager will have to accommodate teachers in accordance with their seniority. By Ext.P1, the Manager retained the petitioner stating that W.P.(C). No.29525/2009 -:2:- she is the guide captain. Petitioner is relying upon the said factor for continuance in St.Mary's Girls High School. 3. The District Educational Officer passed Ext.P4 order which is under challenge in this writ petition. Apprehending transfer to the St.Thomas Higher Secondary School, the petitioner has approached this Court and by an interim order dated 19/10/2009, this Court directed the Manager to retain the petitioner in St.Mary's Girls High School, Kozhencherry. 4. In the light of the fact that the additional sixth respondent is senior, Ext.P4 will have to be implemented by the Manager to provide the additional sixth respondent in St.Mary's High School. It is stated by the learned counsel for the petitioner that the petitioner has filed Ext.P10 appeal before the Deputy Director of Education. 5. Therefore, the writ petition is disposed of directing the first respondent to take a decision on Ext.P10 after hearing the petitioner, the Manager and the additional sixth respondent. 6. The learned Senior Counsel for the additional sixth respondent pointed out that since Ext.P4 order was not implemented, the additional sixth respondent is not getting salary from 15/07/2009 onwards. W.P.(C). No.29525/2009 -:3:- 7. In that view of the matter, consequential orders will have to be passed by the Manager so as to adjust the additional sixth respondent in one of the posts of H.S.A. (Malayalam) in St.Mary's High School. Appropriate action will be taken by the Manager expeditiously, at any rate, within two weeks from the date of receipt of a copy of this Judgment. The first respondent will dispose of the appeal, Ext.P10, within six weeks after hearing all the parties. The learned counsel for the petitioner further submitted that in the light of the fact that the Government Order with regard to 1:40 teacher-students' ratio is in force, the claim of the petitioner for the said benefit may be considered by the District Educational Officer. The said aspect will be considered by the District Educational Officer and appropriate orders will be passed in the matter within a period of three weeks from the date of production of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms