IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 28292 of 2008(R) ---------------------------------------- PETITIONER(S): ------------------------ K. SREEDEVI, AGED 28 YEARS, W/O. UNNIKRISHNAN, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), KALLADI HIGHER SECONDARY SCHOOL, KUMARAM PUTHUR,P.O. MANNARKKAD COLLEGE, PALAKKAD DISTRICT. BY ADVS.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. 4. THE MANAGER, KALLADI HIGHER SECONDARY SCHOOL, KUMARAM PUTHUR, P.O. MANNARKKAD COLLEGE, PALAKKAD DISTRICT. 5. THE HEADMASTER, KALLADI HIGHER SECONDARY SCHOOL, KUMARAM PUTHUR, POST MANNARKKAD COLLEGE, PALAKKA DISTRICT. W.P.(C) NO.28292/2008 6. SMT.P.R. BINDHU, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), KALLADI HIGHER SECONDARY SCHOOL, KUMARAM PUTHUR, POST MANNARKKAD COLLEGE, PALAKKAD DISTRICT. R1-2 GOVERNMENT PLEADER SMT.T.B.RAMANI R4-R5 BY ADVS.MR.V.M.KURIAN, MR.MATHEW B. KURIAN. R4 BY SMT.TULASI PANICKER R4 BY MR.K.T.THOMAS R6 BY MR.N.SUGATHAN R6 BY SMT.VARSHA BHASKAR R6 BY MR .S.PRASANTH (AYYAPPANKAVU) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28292/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF APPOINTMENT OF PETITIONER AND THE APPROVAL THEREOF 29.10.01. P2:- COPY OF THE DO. DO. DT. 5.8.02. P3:- COPY OF THE DO. DO. DT. 18.12.03. P4:- COPY OF THE DO. DO. DT. 7.10. 04. P5:- COPY OF THE GO(MS) NO.275/99/G. EDN. OF THE GOVERNMENT DTD. 9.11.99. P6:- COPY OF THE JUDGMENT OF THIS HONOURABLE CORT IN WA. 2920/01 DT. 2.11.01. P7:- COPY OF THE SENIORITY LIST DT. NIL. P8:- COPY OF THE STAFF ATTENDANCE REGISTER DT. NIL. P9:- COPY OF THE CIRCULAR NO.9679/J2/G.EDN. OF THE GOVERNMENT DTD. 24.3.99. P10:- COPY OF THE ORDER NO.EM5/417/DPI/D.DIS. OF THE 2ND RESPONDENT DTD. 28.12.07. P11:- COPP ORDER NO.ACD.A2/9786/HSE/02 OF THE DIRECTOR OF HR.SY. EDN. 20.6.08. P12:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 12839/08. DTD. 11.4.08. P13:- COPY OF THE GO(RT) 3786/08/G.EDN. OF THE GOVERNMENT DTD. 19.8.08. P14:- COPY OF THE REPRESENTATION FILED BEFORE THE DISTRICT EDL. OFFICER, PALAKKAD DT. 29.12.08. P15:- COPY OF THE G.O.(RT) 1276/06/G.EDN. OF THE GOVERNMENT DTD. 25.3.06. P16:- COPY OF THE LETTER NO.79521/J2/08/G.EDN. OF THE GOVERNMENT RESPONDENT'S EXHIBITS R6(a):- COPY OF THE APPOINTMENT ORDER DTD. 29.10.01 WITH THE ENDORSEMENT OF 3RD RESPONDENT. R6(b):- COPY OF THE APPOINTMENT ORDER DTD. 14.8.02 WITH ENDORSEMENT OF THE 3RD RESPONDENT. R6(c):- COPY OF THE APPOINTMENT ORDER DTD. 12.11.02 WITH ENDORSEMENT OF THE 3RD RESPONDENT. R6(d):- COPY OF THE APPOINTMENT ORDER DTD. 9.6.03 WITH ENDORSEMENT OF THE 3RD RESPONDENT. R6(e):- COPY OF THE APPOINTMENT ORDER DT. 7.10.04 WITH ENDORSEMENT OF THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR,J -------------------------------------------------- W.P.(C) No. 28292 of 2008 --------------------------------------------------- Dated this the 12th day of August, 2009 JUDGMENT The petitioner is a High School Assistant in Physical Science in the school managed by the 4th respondent. He was initially appointed from 29.10.2001 to 17.12.2003 against a leave vacancy which was approved by Ext.P1. This appointment was revised from 5.8.2002 to 17.12.2003. The petitioner was appointed again from 18.12.2003 to 17.12.2008. The said appointment was approved as per Ext.P3. The writ petition is filed challenging Ext.P13 Order passed by the Government. The petitioner challenges the said order on various grounds . 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the contesting respondent. Along with the reply affidavit the petitioner has produced Exts. 15 and 16 orders passed by the Government, wherein the application of 1:40 ratio is considered. According to the learned counsel for the petitioner the said benefit is liable to be granted to the petitioner also. It is therefore prayed that the Government may be directed to reconsider Ext. P13 in the light of Ext.P15 and P16 orders passed by the Government, in favour of other teachers. 3. This court is not considering the merits of the matter. The claim thus raised will be reconsidered by the Government, ie for considering the applicability of Government orders relating to the benefit of 1:40 ratio for retention of the petitioner in the school. Appropriate orders shall be passed after hearing the petitioner and the 4th respondent within a period of two months from the date of receipt of a copy of this judgment. Petitioner will produce before the Government copies of Ext.P15 and P16. No Costs. T.R. RAMACHANDRAN NAIR, JUDGE jma