IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 26611 of 2009(V) -------------------------------------- PETITIONER: ------------------- SHYNI K.ABRAHAM, W/O.KURIEN ELIAS, AGED 39 YEARS, HIGH SCHOOL ASSISTANT(MATHS), ST.MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM DISTRICT-19. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, VAYASKARAKUNNU, KOTTAYAM-1. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. THE MANAGER, ST.MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM-19. 5. SMT.SWAPNA ABRAHAM, HIGH SCHOOL ASSISTANT(ENGLISH), ST.MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM-19. W.P.(C). NO.26611/2009-V: *ADDL.R6 IMPLEADED: 6. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM -14. * IS IMPLEADED AS PER ORDER DTD. 12/10/09 IN I.A. 12299/09. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26611/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of October, 2009 J U D G M E N T The petitioner herein is working as High School Assistant (Maths) in St.Mary's Higher Secondary School, Manarcad, Kottayam. She was appointed on 11/08/1995 in the above post. The fifth respondent commenced service in the same school as High School Assistant (English) from September 2005. Ext.P1 is the Staff Fixation Order for the year 2009- 10 in respect of the petitioner's school wherein one post of H.S.A has been abolished while retaining the post held by the fifth respondent. The contention raised is that the petitioner is senior and therefore, he cannot be deployed. Ext.P2 appeal was filed before the Deputy Director of Education. 2. When the matter came up for admission on 23/09/2009, this Court directed the petitioner to file a revision before Director of Public Instructions in the matter and accordingly, as per Ext.P4 produced along with I.A.No.12298/2009, the petitioner filed a revision petition before the D.P.I. 3. There will be a direction to the additional sixth respondent namely the Director of Public Instruction to take a decision on Ext.P4 after W.P.(C). No.26611/2009 -:2:- hearing the petitioner and respondent Nos.4 and 5 within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms