IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 8431 of 2010(D) PETITIONER : THRESIAMMA JOHN, L.P.SHCOOL ASSISTANT, S.L.T.L.P.SCHOOL, VAZHAKULAM, MUVATTUPUZHA. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETRY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM. 6. THE SECRETARY, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM,KOTHAMANGALAM. R1 TO 5 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LETTER DATED 9.1.2009 OF THIRD RESPONDENT. EXT.P2 TRUE COPY OF ORDER DATED 11.3.2009 OF THIRD RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 21.5.2009 OF FOURTH RESPONDENT. EXT.P4 TRUE COPY OF LETTER DATED 11.3.2009 OF FIFTH RESPONDENT. EXT.P5 TRUE COPY OF LETTER DATED 9.10.2009 OF THIRD RESPONDENT. EXT.P6 TRUE COPY OF REPRESENTATION DATED 23.6.2009 OF MANAGER. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 8431 OF 2010 D ------------------------------------------------------ Dated this the 6th day of September, 2010 JUDGMENT The case of the petitioner is the following: The petitioner was appointed as LPSA on 5.6.1984 in St.Joseph's UP School, Pandippara. With effect from 5.6.1995, she was transferred to SALPS, Anicadu under the same educational agency. Thereafter, she was transferred to SLT LPS, Vazhakulam with effect from 2.6.2008. The petitioner is presently continuing in Vazhakulam School. The Assistant Educational Officer, Kothamangalam withheld the salary of the petitioner from the month of June, 2009 stating that the transfer and posting of the petitioner to Vazhakulam School is against the existing orders of the Government and the order of the District Educational Officer. According to the petitioner, the vacancy to which she was transferred was the resultant vacancy due to the promotion of Smt.Betty George as H.S.A.(PS) in SMHS, Nakapuzha, of which, the sixth respondent is the educational agency and which is a newly opened school. It would appear that the educational authorities directed that the appointment of Smt.Betty George as W.P.(C) NO.8431 OF 2010 D :: 2 :: H.S.A. in SMHS, Nakapuzha would be recognized subject to the condition that the resultant vacancy at Vazhakulam School will be filled up by a protected teacher. On the ground that a protected teacher was not appointed at Vazhakulam School and instead the petitioner was transferred and posted, her transfer and posting were not approved by the educational authorities. The appointment of Smt.Betty George was approved. 2. The petitioner submitted representation to the Deputy Director of Education. That was rejected as per Ext.P5 dated 9.10.2009. It is pointed out that against Ext.P2 order dated 11.3.2009, passed by the Deputy Director of Education, Ernakulam, by which the Deputy Director of Education insisted that a protected teacher should be appointed in the resultant vacancy on the promotion of Smt.Betty George, the Manager has filed Ext.P6 representation before the Director of Public Instructions. He has also challenged the consequential orders issued by the District Educational Officer and the Assistant Educational Officer. Ext.P6 is pending disposal. It is submitted that if Ext.P6 is disposed of after hearing the petitioner, the Manager and all other affected parties, the disputes involved in the case could be resolved. In this Writ W.P.(C) NO.8431 OF 2010 D :: 3 :: Petition, the petitioner has also challenged the orders which were challenged by the Manager before the Director of Public Instructions. 3. In these circumstances, it is only just and proper to direct the second respondent, Director of Public Instructions, to dispose of Ext.P6 representation dated 23.6.2009, submitted by the sixth respondent, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the sixth respondent, the petitioner and any other affected party. I do so. In view of this direction, it is not necessary to consider the question whether the petitioner is entitled to any other relief claimed in the Writ Petition. All the contentions of the petitioner are left open. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/