IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36309 of 2010(K) -------------------------- PETITIONER(S): --------------- 1. IGNATIOUS ANTONY PHYSICAL EDUCATION TEACHER, CHRIST THE KING VOCATIONAL HIGHER SECONDARY SCHOOL VELLIYAMATTOM,IDUKKI DISTRICT 2. LEO B PHYSICAL EDUCATION TEACHER, FATHIMA MATHA HIGH SCHOOL.,CHINNAKKANAL IDUKKI DISTRICT BY ADV. SRI.VIJU ABRAHAM SRI.DINNY THOMAS SMT.M.SRUTHY RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, IDUKKI OFFICE OF THE DEPUTY DIRECTOR, THODUPUZHA 685 584. 2. DISTRICT EDUCATION OFFICER, THODUPUZHA 685 584. 3. DISTRICT EDUCATION OFFICER,KATTAPPANA 685 508. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS DIOCESE OF VIJAYAPURAM,KOTTAYAM 686 001. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36309 of 2010 --------------------------------------------- Dated this the 6th day of December, 2010 JUDGMENT The first petitioner is working as Physical Education Teacher in Christ the King Vocational Higher Secondary School, Velliyamattom. The second petitioner is working as Physical Education Teacher in Fathima Matha High School, Chinnakkanal. It is stated that both these schools are under the same educational agency. By Exhibit P1 staff fixation order for the academic year 2010-2011 in Christ the King Vocational Higher Secondary School, Velliyamattom, the post of Physical Education Teacher was abolished due to want of sufficient number of periods. As per Exhibit P2 staff fixation order for the academic year 2010-2011 in respect of Fathima Matha High School, one post of Physical Education Teacher was sanctioned. It is submitted that the first petitioner is entitled to the benefits of a protected teacher. However, due to the staff fixation orders mentioned above, the resultant WPC No.36309/2010 2 position would be the second petitioner would have to go out in order to accommodate the first petitioner. Aggrieved by Exhibit P1 staff fixation order, the Corporate Manager filed Exhibit P3 appeal before the Deputy Director of Education. Exhibit P3 is pending disposal. 2. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioners submitted that for the time being, it would be sufficient, if a direction is issued to the Deputy Director of Education to dispose of Exhibit P3 appeal expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Deputy Director of Education to consider and dispose of Exhibit P3 appeal filed by the Manager, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners and the fourth respondent. The WPC No.36309/2010 3 petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. The petitioners shall also send a copy of the Writ Petition and copy of the judgment by registered post to the fourth respondent Corporate Manager and they shall produce proof of the same before the Deputy Director of Education. K.T.SANKARAN JUDGE csl