IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36453 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------- LENIMOLE HARIS, H.S.A. (NATURAL SCIENCE), K.R.K.P.M. BOYS HIGH SCHOOL, KADAMPANAD. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY IT SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 3. MANAGER, K.R.K.P.M. BOYS HIGH SCHOOL, KADAMPANAD. R1 & R2 BY SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36453 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009. JUDGMENT The petitioner is working as H.S.A. (Natural Science) in K.R.K.P.M. Boys High School, Kadampanad. She was retrenched from service during the academic year 2006-2007 due to division fall. It is the case of the petitioner that her junior was also ordered to be retrenched, but her service for the said period was regularized and salary was paid also. 2. The initial appointment of the petitioner was as UPSA on 5.7.1999 and she continued up to 16.11.1999. This appointment was under Rule 51B of Chapter XIV-A K.E.R. She was reappointed on 5.6.2000 to 14.10.2000 and again when a regular vacancy arose in the U.P. Section, she was appointed as UPSA from 6.6.2001. All these appointments have been approved and she was paid salary also. 3. A vacancy in the post of H.S.A. (Natural Science) arose in the school on 2.6.2003 and the petitioner was accordingly promoted. The main prayer in the writ petition is to quash Ext.P10 and the petitioner seeks for a further direction to the first respondent to take a decision on Ext.P11. In Ext.P10 order the view taken is that her junior was retained in the school in wpc 36453/2009 2 terms of the letter dated 29.9.2008 of the Director of Public Instruction and therefore the petitioner can file an appeal, if she is having any complaint in the matter. It is accordingly, the petitioner has filed Ext.P11 revision petition before the Government under Rule 92 of Chapter XIV-A K.E.R. Actually, the petitioner's complaint is regarding the staff fixation for the year 2006-2007 whereby she was retrenched and her junior was ordered to be protected and accordingly she was regularized. 4. There will be a direction to the first respondent to take a decision on Ext.P11 after hearing the petitioner and the Manager and other affected parties, if any, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/