IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 21890 of 2010(I) PETITIONER(S): SMITHA KOOVAKKA, W/O.PRAKASH BABU, AGED 41 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, (VIA) KADIRUR, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DISTRICT EDUCATIONAL OFFICER, TELLICHERRY P.O., TELLICHERRY, KANNUR DISTRICT-670101 4. THE ASSISTANT EDUCATIONAL OFFICER, TELLICHERRY NORTH, P.O.TELLICHERRY, KANNUR DISTRICT-670101 5. SMT.M.BABU SURAJA, LOWER PRIMARY SCHOOL ASSISTANT KOZHUR U.P.SCHOOL, P.O.ERUVATTY TELLICHERRY SUB DISTRICT, KANNUR DISTRICT-670101 GOVERNMENT PLEADER SRI.SANDESH RAJA-R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.21890 OF 2010 -------------------------------------------- Dated this the 14th day of July, 2010 JUDGMENT The petitioner was appointed as U.P.S.A in Kozhur U.P School on 2.6.2004 as per Ext.P1 order. Ext.P2 is the staff fixation order for the year 2009-’10. In the appendix to the said order, it is stated as follows: “Two class divisions are reduced ie., one each in Std III and IV. Due to the reduction of posts the following junior most teachers are retrenched from the service w.e.f 15.7.09.” 2. The grievance of the petitioner is that the respondents are taking steps to effect retrenchment based on Ext.P2 order without giving due regard the subject requirements. In essence, the contention of the petitioner is that for the purpose of identifying the U.P.S.As to be retrenched pursuant to Ext.P2, juniority in the said category is to be taken into account. So also, to identify the teacher to be retrenched from the category of L.P.S.A, the juniority in the said category is to be looked into. According to the petitioner, the respondents are bound to take into the said aspects in the light of Rule 3 of Chapter XXIII and Rules 3 and 4 of W.P.(C) NO.21890/2010 2 Chapter XXX1 of the Kerala Education Rules. Raising such contentions, the petitioner has preferred Ext.P5 revision petition before the second respondent. The said revision petition dated 206.2010 is pending before the second respondent. Considering the fact that Ext.P5 revision petition is pending before the second respondent, without making any observation as to the merits of the contentions raised by the petitioner in this Writ Petition, it is disposed of with a direction to the second respondent to consider and pass orders on Ext.P5 revision petition submitted by the petitioner expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and the fifth respondent. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.21890/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.21890/2010 4