IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21389 of 2011(W) -------------------------- PETITIONER: --------------- SUMADEVI.G., W/O.S.VIJAYAKUMAR, KRISHNAKRIPA, EAST OTHARA, THIRUVALLA (FROM NAKKARAMALAYIL PUTHENPURAYIL, EAST OTHARA, THIRUVALLA)(UPPER PRIMARY SCHOOL ASSISTANT, SV HIGH SCHOOL, PULLAD) BY ADV. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 4. THE MANAGER, SREE VIVEKANANDA HIGH SCHOOL (SV HS), PULLAD, PATHANAMTHITTA. 5. JAYA.R., JARENGH, KURUNGAZHA P.O., PULLAD (HIGH SHOOL ASSISTANT, SV HIGH SCHOOL, PULLAD). 6. DEVAJA.B, ANAKKUZHIKAL, KURAVANKUZHI P.O., PULLAD (UPPER PRIMARY SCHOOL ASSISTANT, SV HIGH SCHOOL, PULLAD) 7. SOBHANA.B., SHAJI NIVAS, COLLEGE ROAD, KOZHENCHERRY, PATHANAMTHITTA (UPPER PRIMARY SCHOOL ASSISTANT, SV HIGH SCHOOL, PULLAD) BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.21389/11 PETITIONER'S EXHIBITS: W.P.(C)No.21389/11 EXT.P1 : COPY OF THE APPOINTMENT ORDER DT.17.6.96 ISSUED BY THE 4TH RESPONDENT AND APPROVED BY THE 3RD RESPONDENT. EXT.P2 : COPY OF THE APPOINTMENT ORDER DT.2.6.97 ISSUED BY THE 4TH RESPONDENT AND APPROVED BY THE 3RD RESPONDENT. EXT.P3 : COPY OF THE APPOINTMENT ORDER DT.1.6.98 ISSUED BY THE 4TH RESPONDENT AND APPROVED BY THE 3RD RESPONDENT. EXT.P4 : COPY OF THE APPOINTMENT ORDER DT.1.6.99 ISSUED BY THE 4TH RESPONDENT AND APPROVED BY THE 3RD RESPONDENT. EXT.P5 : COPY OF THE APPOINTMENT ORDER DT.31.3.2002 ISSUED BY THE 4TH RESPONDENT. EXT.P6 : COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO.187/05/GE. DT.17.5.05. EXT.P7 : COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATICS OF TEACHING STAFF IN SV HS, PULLAD DURING THE ACADEMIC YEAR 2005-06. EXT.P7 (A) COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATICS OF TEACHING STAFF IN SV HS, PULLAD DURING THE ACADEMIC YEAR 2006-07. EXT.P7 (B) COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATICS OF TEACHING STAFF IN SV HS, PULLAD DURING THE ACADEMIC YEAR 2007-08. EXT.P7 (C) COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATICS OF TEACHING STAFF IN SV HS, PULLAD DURING THE ACADEMIC YEAR 2008-09 EXT.P7 (D) COPY OF THE STATEMENT ISSUED BY THE HM OF THE SCHOOL INDICATING THE STATICS OF TEACHING STAFF IN SV HS, PULLAD DURING THE ACADEMIC YEAR 2009-10. EXT.P8 : COPY OF THE REPRESENTATION DT.15.4.10 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1, 2 AND 3(EXCLUDING ANNEXURE) EXT.P9 : COPY OF THE JUDGMENT DT.7.6.10 PASSED BY THIS COURT IN W.P.(C) NO.17232/2010-D EXT.P10 : COPY OF THE PROCEEDINGS NO.A2/7176/10 DT.31.8.10 OF THE 3RD RESPONDENT. EXT.P11 : COPY OF THE REPRESENTATION DT.3.9.10 SUBMITTED BEFORE RESPONDENTS 1 AND 2. EXT.P12 : COPY OF THE ORDER DT.16.9.10 PASSED BY THE 3RD RESPONDENT. EXT.P13 : COPY OF THE ORDER DT.19.11.10 PASSED BY THIS COURT. EXT.P14 : COPY OF THE ORDER DT.25.11.10 PASSED BY THE 4TH RESPONDENT APPOINTING THE PETITIONER AS UPSA IN THE SCHOOL. EXT.P15 : COPY OF FORM NO.27 APPOINTMENT ORDER DT.30.11.10 ISSUED BY THE 4TH RESPONDENT. EXT.P16 COPY OF THE ORDER DT.29.12.10 PASSED BY THE 3RD RESPONDENT. PETITIONER'S EXHIBITS: W.P.(C)No.21389/11 EXT.P17 COPY OF THE APPEAL DT.17.1.11 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 AGAINST EXT.P16 ORDER. EXT.P18 COPY OF REPRESENTATION DT.6.1.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P19 COPY OF THE JUDGMENT DT.22.3.11 PASSED BY THIS COURT IN W.P.(C) NO.5079/11. EXT.P20 COPY OF THE ORDER DT.15.6.11 PASSED BY THE 2ND RESPONDENT. EXT.P21 COPY OF THE ORDER DT.1.8.11 PASSED BY THE 4TH RESPONDENT. EXT.P22 COPY OF THE ORDER DT.19.8.2010 OF THE 3RD RESPONDENT. EXT.P23 COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21389 Of 2011 -------------------------------------------------- DATED THIS THE 10th DAY OF AUGUST, 2011 J U D G M E N T The petitioner herein is working as an Upper Primary School Assistant in the S.V.High School, Pullad. The challenge in this Writ Petition is against Exhibit P20 order passed by the Deputy director of Education as well as the consequential order Exhibit P21 issued by the Manager. 2. The learned counsel for the petitioner submitted that the view taken in Exhibit P20 cannot be supported. It is submitted that various aspects have not been considered properly by the Deputy Director of Education. My attention is invited to various documents produced by the petitioner to contend for the position that the petitioner is senior to respondents 5, 6 and 7. 3. After the filing of the Writ Petition, the petitioner has filed Exhibit P23 revision petition before the Director of Public Instruction along with a stay petition. The learned counsel for the petitioner prayed that pending consideration of the applications for stay which is part of the revision petition, the orders Exhibits P20 W.P.(C)No.21389/11 -2- and 21 may be kept in abeyance. 4. Heard the learned Government Pleader appearing for the respondents. 5. It is upto the petitioner to move the Director of Public Instruction for considering the prayer for grant of stay. It is submitted by the learned counsel for the petitioner that if in the meanwhile the petitioner is sent out from the school, it will cause further hardship. Therefore it is only proper that the petitioner is retained for the present for a period of one month for enabling the petitioner to move the Director of Public Instruction seeking for any interim order in the matter. It is made clear that the same will be without any obligation for payment of salary. The Writ Petition is accordingly disposed of. The stay petition will be considered and orders will be passed within a period of one month. The revision petition will be disposed of within a further period of two months, after hearing all the necessary parties. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn