IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 12174 of 2010(V) -------------------------- PETITIONER(S): --------------- P.S.VINEETH, 27 YEARS, S/O.SADASIVAN.P.K., L.P.S.A., AUPS, MUNNAR, PARALI, PALAKKAD, RESIDING AT PUDUKULANGARA HOUSE, MANNUR, PARALI, PALAKKAD DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, PARALI, PALAKKAD. 5. THE MANAGER, AUPS, MANNUR, PARALI, PALAKKAD. R1 TO R4 BY G.P.SRI. SANDESH RAJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF APPOINTMENT ORDER DTD.5.6.06 NO.C/142/07 DTD.10.9.09 EXT.P2:- COPY OF ORDER OF DPI DTD.8.2.2010 EXT.P3:- COPY OF APPOINTMENT ORDER NO.K.DIS-C2339/09 DTD.12.3.2010 EXT.P4:- COPY OF STAFF FIXATION PROCEEDINGS OF AEO NO.C/2327/09 DTD.28.7.09 EXT.P5:- COPY OF PROPOSAL DTD.8.3.2010 OF DPI EXT.P6:- COPY OF EXPLANATION SUBMITTED BY THE MANAGER EXT.P6(a):- COPY OF GO(P) NO.171/2009/G.EDN. DTD.22.8.2009 EXT.P6(b):- COPY OF CIRCULAR NO.9679/J2/99/G.EDN. DTD.24.3.1999 EXT.P7:- COPY OF COMMUNICATION OF AEO NO.C/781/10 DTD.30.3.2010 EXT.P8:- COPY OF ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM NO.SC./65/09/KKD. DTD.22.5.2010 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE C.T.RAVIKUMAR, J. ------------------------------ W.P.(C).12174 of 2010 ------------------------------------ Dated this the 26th day of July, 20101 JUDGMENT The petitioner is presently working as Lower Primary School Assistant. This writ petition has been filed to set aside Ext.P7 and to issue a writ of mandamus commanding the 4th respondent- AEO to countersign the arrear pay bills of the petitioner from 9/2009 to 3/2010 and draw & disburse the same to the petitioner and for such other consequential reliefs. When this matter is taken up today learned counsel for the petitioner submitted that the petitioner is confining prayers to one for a direction to the 4th respondent to take a decision in the light of Ext.P8. Ext.P8 would reveal that the Director of Public Instructions has directed Deputy Director of Education, Palakkad and AEO, Parali to examine the eligibility of protection including 1:40 ratio to the affected teachers and extend the benefit, if any and issue necessary orders. The claim of the petitioner is that he is also entitled to get the benefit of the modified 1:40 teacher student ratio. In the light of Ext.P8, it has become a matter to be looked into by the 4th respondent. W.P.(C).12174 of 2010 2 In the circumstances, this writ petition is disposed of with a direction to the 4th respondent to take a decision on the aforesaid claims of the petitioner in the light of Ext.P8 expeditiously, at any rate within a period of six weeks from the date of receipt of a copy of this judgment with notice to the petitioner and to any other person who is likely to be affected. To enable the 4th respondent to take a decision in the matter effectively it will be open to the petitioner to submit a detailed representation along with relevant document within one week from the date of receipt of copy of this judgment. C.T.RAVIKUMAR, JUDGE. cms