IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 14818 of 2011(B) -------------------------- PETITIONER: --------------- VIMALA MARGRET P L.P.SCHOOL ASSISTANT (TAMIL) BHAGAVATHY GOVERNMENT HIGH SCHOOL VANNAMADA, PALAKKAD 678 555. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM 695 004. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD 678 001`. 4. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION PALAKKAD 678 001. 5. THE ASSISTANT EDUCATIONAL OFFICER CHITTUR 678 101. 6. THE ASSISTANT EDUCATIONAL OFFICER PALAKKAD. 7. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001. 8. KAMALAMMA RETD. DEPUTY DIRECTOR OF EDUCATION P.O.CHAVARA, CHAVARA, KOLLAM 691 583. WP(C).No. 14818 of 2011(B) -2- 9. PRAFUL RAJ A L.D.CLERK, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION CIVIL LANE PO, PALAKKAD 678 014. 10. SABEENA BHANU A D/O. M.ABDUL HAK, VI/84 VEGETABLE MERCHANT, ATHICODE PO,PALAKKAD 678 554. 11. NATTUDURAI N, S/O.,NACHIMUTHU 7/241, BHARATI NAGAR, MENAKSHIPURAM PO PALAKKAD 678 533. 12. REENA K, D/O.KRISHNAN P C PARATHODI PO, PALAKKAD 678 573. 13. M.MARTIN ESUDASS KOLAMADA CHALLA, PARISAKKAL PO, MENON PARA VIA PALAKKAD 678 556. 14. EDWIN RAJ, LPSA, KULUKOOR PO KULUKOOR, PALAKKAD DISTRICT 641 108. 15. PRAFUL RAJ A., L D CLERK, OFFICE OF THE DDE, CIVIL LINES PO PALAKKAD 678 014. ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R2 & 4 GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R1, R3 & R5 TO R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX in W.P.(C)No. 14818/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER DT.11.1.10. EXT.P2 : COPY OF THE ORDER DT.2.6.10. EXT.P3 : COPY OF THE ORDER DT.8.6.10. EXT.P4 : COPY OF THE LETTER DT.8.6.10. EXT.P5 : COPY OF THE REPRESENTATION DT.6.8.10. EXT.P6 : COPY OF THE REPRESENTATION DT.11.8.10. EXT.P7 : COPY OF THE STAFF FIXATION ORDER DT.31.3.11. EXT.P8 : COPY OF THE REPRESENTATION DT.27.4.11. EXT.P9 : COPY OF THE REPRESENTATION DT.30.11.11. EXT.P10 : COPY OF THE REPRESENTATION DT.26.5.11. EXT.P11 : COPY OF THE ON LINE APPLICATION SUBMITTED BY THE PETITIONER. EXT.P12 : COPY OF THE RANKED LIST FOR THE POST OF LPSA(TAMIL) EXT.P13 : COPY OF THE APPOINTMENT CHART. EXT.P14 : COPY OF THE GO(MS)NO.120/99 DT.25.5.99. EXT.P15 : COPY OF THE CIRCULAR DATED 18.4.05. EXT.P16 COPY OF THE CIRCULAR DT.1.1.97. EXT.P17: COPY OF THE PROVISIONAL LIST FOR P.D.TEACHER PUBLISHED BY THE 3RD RESPONDENT. EXT.P18: COPY OF THE REPRESENTATION DT.26.5.11 SUBMITTED BY THE PETITIONER. EXT.P19: COPY OF THE LETTER DT.9.6.11. RESPONDENT'S ANNEXURES: ANNEXURE R3(A): TRUE COPY OF THE PROVISIONAL TRANSFER LIST. //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.14818 Of 2011-B -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T The petitioner who has been appointed as a Lower Primary School Assistant (Tamil) through the Public Service Commission is seeking for a direction to appoint the petitioner in a suitable vacancy. In the Writ Petition the petitioner sought for a direction to appoint her as LPSA(Tamil Medium ) in the GLPS, Kirampara or at GLPS Perumbara Challa or in any other nearby schools under the jurisdiction of respondents 5 and 6. 2. On behalf of the Deputy Director of Education, an affidavit has been filed on 20.6.2011. 3. This is a case where the petitioner contends that in the school wherein the petitioner is working, the petitioner has become excess. It is further pointed out that even though other suitable vacancies have been pointed out, no placement is being given to the petitioner, but at the same time, persons in the ranked list who are lower to the petitioner have been accommodated in many of the nearby schools. In the affidavit filed along with I.A.No.10460/11, the petitioner has given the details of such junior hands, namely, W.P.(C)No.14818/11 -2- Sl.Nos.10, 11, 12, 14, 15, 16, 18 and 47, in the ranked list Exhibit P12. 4. The case of the petitioner is that the question of posting and the retrenchment ought to have been done on the basis of the seniority of the teachers and the Deputy Director of Education has failed to follow those principles. In paragraph No.6 of the affidavit, it is pointed out that there is a vacancy of LPSA in the GLPS, Perumpara Challa and the said vacancy can be filled up by an LPSA. However, the 3rd respondent is proposing to fill up the same by posting one Smt.Nusaifa, UPSA, who is now working in BGHS, Vannamada. According to the petitioner, she being a UPSA, she cannot be posted as LPSA. 5. I am not finally pronouncing anything on the matter, since the petitioner seeks only for a direction to the Director of Public Instruction itself to consider the matter in the light of the stand taken by the Deputy Director of Education in the affidavit filed before this court. Exhibit P18 is the copy of the representation filed before the Director of Public Instruction. Exhibit P19 is said to be a communication wherein the Director of Public Instruction has forwarded the same to the Deputy Director of Education for W.P.(C)No.14818/11 -3- appropriate action to post the petitioner in a nearby school. The grievance raised is that even after the issuance of the said direction by the Director of Public Instruction, no action is being taken by the Deputy Director of Education, to redress her grievance. 6. Going by the stand taken by the Deputy Director of Education in the affidavit also, the petitioner is not being considered for accommodation in any nearby schools. Therefore, it is upto the Director of Public Instruction to take a decision on Exhibit P18. The petitioner will re-submit Exhibit P18 before the Director of Public Instruction along with a copy of this judgment, within ten days. The Director of Public Instruction will take appropriate decision, after hearing the petitioner and any other affected parties, within a further period of six weeks. Effort will be taken to identify the juniormost to redress the grievance of the petitioner. The petitioner will also forward a copy of the Writ Petition along with copies of the I.As. and the affidavits to the Director of Public Instruction for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn