IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33253 of 2011(F) -------------------------- PETITIONER(S): --------------- RAFEEQ T.P., L.P.S.A., A.U.P.SCHOOL, KAITHAKKAD P.O., CHERUVATHUR SUB DISTRICT, KASARAGOD DISTRICT. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD DISTRICT-671313. 3. THE MANAGER, A.U.P.SCHOOL, KAITHAKKAD P.O., KASARAGOD DISTRICT-671313. 4. P.DEEPA, U.P.S.A., A.U.P.SCHOOL, KAITHAKKAD P.O., KASARAGOD DISTRICT-671313. R1 & R2 BY G.P. SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 4/6/2007 AND APPROVAL GIVEN BY THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, VIDE REF. NO.K.DIS.2179/07/C DATED 9/10/2007. EXT.P2 TRUE COPY OF STAFF FIXATION ORDER NO.D.DIS.C/3202/11 DATED 27/7/2011 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR. EXT.P3 TRUE COPY OF THE ORDER NO.C/6702/2011 DATED 23/11/2011 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR. EXT.P4 TRUE COPY OF THE REVISION PETITION DATED 25/11/2011 ALONG WITH STAY PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33253 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT The petitioner is seeking for a direction to the Director of Public Instruction, the first respondent herein, to take a decision on Ext.P4 revision petition. 2. The petitioner is aggrieved by Ext.P3 order, whereby he has been ordered to be retrenched from service from the post of LPSA with effect from 15.7.2011. 3. The petitioner relies upon various judgments of this Court and contends that UPSA and LPSA are different categories. It is pointed out that there cannot be a transfer of UPSA as LPSA and LPSA as UPSA after the amendment of the Kerala Education Rules. 4. There will be a direction to the first respondent to take a decision on Ext.P4 revision petition with notice to the petitioner and respondents 3 and 4, within a period of four months from the date of receipt of a copy of this judgment. The petitioner has also filed a stay petition along with Ext.P4. The first respondent will pass appropriate orders on the stay petition within a period of one month from the date of production of a copy WPC.33253/2011 - 2- of this judgment. Since it is submitted that the petitioner is continuing as on today, status-quo as on today will be maintained till the disposal of the stay petition. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/