IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 32943 of 2011(P) -------------------------- PETITIONER(S): --------------- SAJIRAJ S.M, LOWER PRIMARY SCHOOL ASSISTANT LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA NOW UNDER ILLEGAL RETRENCHMENT DUE TO DIVISION FALL RESDING AT MUZHAKKOL KUNNU, VADAKKARIKU VEEDU, KANJIRAMKULAM PO, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MANOJKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNNMENT,GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA 688 001. 4. THE DISTRICT EDUCATION OFFICER, ALAPPUZHA 688 001 5. REV C,H.ALFRED, THE CORPORATE MANAGER OF LUTHERAN SCHOOLS I.E. CHURCH CONCORDIA H.S, COMPOUND, THIRUVANANANTHAPURAM SYNOD, PERURKADA PO, THIRUVANANTHAPURAM 695 005. 6. PRIYANKA R PRASAD, LOWER PRIMARY SCHOOL ASSISTANT LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA 688 006. SENIOR GOVERNMENT PLEADER SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 32943/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 THE PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO.404/2009 DT.1.6.2009 ISSUED BY THE MANAGER, 5TH RESPONDENT. EXT.P2 THE PHOTOSTAT COPY OF THE ORDER NO.B3-3535/09 K.DIS DT.21.11.2009 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, TO THE MANAGER 5TH RESPONDENT. EXT.P3 THE PHOTOSTAT COPY OF THE ORDER NO.B2/22095/09/G.EDN.11.3.2010 ISSUED BY THE DEPUTY DIRECTOR OF ALAPPUZHA. EXT.P4 THE PHOTOSTAT COPY OF THE ORDER NO.K.DIS EC (1) 37708/10 DPI DT.23.9.2010 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION GENERAL TO THE PETITIONER. EXT.P5 THE PHOTOSTAT COPY OF THE REVISION PETITION DT.1.10.2010 SUBMITTED BY THE PETITIONER TO THE SECRETARY TO GOVERNMENT. EXT.P6 THE PHOTOSTAT COPY OF THE ORDER GO (P) NO.199/2011 G.EDN DT.1.10.2011 ISSUED BY THE GOVERNMENT. EXT.P7 THE PHOTOSTAT COPY OF THE ORDER GO (P) NO.205/2011 G.EDN DT.7.10.2011 ISSUED BY THE GOVERNMENT. EXT.P7(A) THE PHOTOSTAT COPY OF THE LIST OF EXCESS TEACHERS WORKING WITHOUT SALARY DT.7.10.2011. EXT.P8 THE PHOTOSTAT COPY OF THE REPRESENTATION DT.15.11.2011 SUBMITTED BY THE PETITIONER TO THE SECRETARY, GENERAL EDUCATION,TRIVANDRUM. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32943/2011-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of December, 2011 J U D G M E N T The grievance raised by the writ petitioner herein is with regard to the removal of his name in the Appendix to G.O.(P).No.199/2011/Gl.Edn., dated 01/10/2011, a copy of which is produced as Ext.P6 herein. It is the contention of the petitioner that the sixth respondent, who is junior in service, has been included. 2. The case of the petitioner is that he was appointed as Lower Primary School Assistant in Lutheran High School, South Aryad in Alappuzha on 01/06/2009. The approval of appointment has been rejected by the Departmental Officers and the revision petition is pending before the Government (produced as Ext.P5 herein). It is in the meanwhile, the petitioner's name was included in the Appendix to Ext.P7 as Serial No.674. It is pointed out that the sixth respondent is junior to the petitioner but was included as Serial No.657. But later he was informed about his removal by W.P.(C). No.32943/2011 -:2:- the District Educational Officer. It is in these circumstances, the petitioner has filed the writ petition seeking for a direction to the Government to consider the grievance regarding the steps taken to remove his name from the package scheme. Ext.P8 is the copy of the representation. 3. There will be a direction to the first respondent to consider all aspects and take a decision on Ext.P8 after hearing the parties within a period of four 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 first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms