IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 21158 of 2009(L) -------------------------- PETITIONER(S): --------------- M.R.SURESH BABU, S/O. M.K.RAJAN AGED 45 YEARS, UPPER PRIMARY SCHOOL ASSISTANT C.V.M.HIGH SCHOOL, VANDAZHI, PALAKKAD DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): 1 ---------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14 2. THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, PALAKKAD DIST. 3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD DIST. 4. THE HEADMASTER, C.V.M. HIGH SCHOOL VANDAZHAI, PALAKKAD DIST. MR.A.J.VARGHESE, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21158 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner is working as Upper Primary School Assistant in C.V.M High School, Vandazhi in Palakkad District. Exhibit P1 is the staff fixation order for the year 2008-2009 where the petitioner is shown as a protected teacher. Exhibit P2 is the copy of the common seniority list published by the Management. 2. It is pointed out that by retaining the juniors of the petitioner, the petitioner has been chosen to be absorbed in A.U.P. School, Edathanattukara West. It is also pointed out that Exhibit P3 order suffers from various infirmities. Therefore, the petitioner has filed Exhibit P4 appeal before the Director of Public Instruction. It is further submitted that by adopting 1:40 ratio, the petitioner could be retained in the parent school itself. Exhibit P4 is dated 25.07.2009. Since the petitioner is facing deployment, it is prayed that the appeal may be directed to be heard within a time frame. W.P.(C) No.21158/2009 2 There will be a direction to the 1st respondent to consider and pass orders on Exhibit P4, after hearing the petitioner and the Manager, within a period of three months. If the juniors of the petitioner are retained in the parent school, the petitioner will be allowed to continue in the parent school itself till the appeal is disposed of. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp