IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18856 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. A.S.INDUKALA, WIFE OF SHAJIKUMAR, AGED 38 YEARS, HIGH SCHOOL ASSITANT(MALAYALAM),AMRITA HIGH SCHOOL MOOLAVATTOM (FORMERLY CHINMAYA VIJAN MANDIR, MOOLAVATTOM), KOTTAYAM DISTRICT. 2. V.SREELEKHA, UPPER PRIMARY SCHOOL ASSISTANT,AMRITA HIGH SCHOOL, MOOLAVATTOM (FORMERLY CHINMAYA VIJAN MANDIR, MOOLAVATTOM), KOTTAYAM DISTRICT. 3. S.JAYAREE, UPPER PRIMARY SCHOOL ASSISTANT,AMRITA HIGH SCHOOL, MOOLAVATTOM (FORMERLY CHINMAYA VIJAN MANDIR, MOOLAVATTOM), KOTTAYAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM DISTRICT-686 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM DISTRICT-686 001. 5. THE MANAGER, AMRITA HIGH SCHOOL, AMRITA HILLS, MOOLAVATTOM, KOTTAYAM DISTRICT-686 026. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.18856/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT DT.1.6.09. EXT.P2 : COPY OF THE RESOLUTION OF MATA AMRITAANDAMAYI CHARITABLE TRUST DT.28.3.08. EXT.P3 : COPY OF THE ORDER NO.ET2/80184/2009/DPI/K.DIS. OF THE 2ND RESPONDENT DT.18.11.09. EXT.P4 : COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DT.4.2.11. EXT.P5 : COPY OF THE ORDER NO.B4/11309/2010 OF THE 4TH RESPONDENT DT.21.3.11. EXT.P6 : COPY OF THE CIRCULAR NO.9679/J2/99/G.EDN. OF THE GOVERNMENT DT.24.3.99.. EXT.P7 : COPY OF THE LETTER NO.79521/J2/08/G.EDN. OF THE GOVERNMENT DT.6.1.09. EXT.P8 : COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DT.29.1.11. EXT.P9 : COPY OF THE APPEAL FILED BY THE 1ST PETITIONER DT.21.6.11. EXT.P10 : COPY OF THE APPEAL FILED BY THE 2ND PETITIONER DT.17.6.11. EXT.P11 : COPY OF THE APPEAL FILED BY THE 3RD PETITIONER DT.21.6.11. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.18856 Of 2011 -------------------------------------------------- DATED THIS THE 12TH DAY OF JULY, 2011 J U D G M E N T The petitioners are working as teachers in the school managed by the 5th respondent-Management in the category of HSA(Malayalam) as well as UPSAs. The school was originally known as Chinmaya Vijan Mandir High School and later it was transferred to Matha Amrithanandamayi Charitable Trust, Ananthapuri, Kollam. It is pointed out that the transfer of ownership and management was approved as per Exhibit P3. Since in Exhibit P3 there is no mention that the school will be treated as an individual unit, the management filed a representation to retain the school as an individual unit as per Exhibit P4. The same is still pending. 2. The petitioners are presently aggrieved by Exhibit P5 order passed by the District Educational Officer, which is the staff fixation order for the year 2010-11. It is pointed that the benefit of 1:40 ratio has not been granted. It is in these circumstances that the petitioners have approached the Director of Public W.P.(C)No.18856/11 -2- Instruction by filing individual revision petitions as Exhibits P9, P10 and P11. It is prayed that the Director of Public Instruction may be directed to take a decision within a time frame. 3. There will be a direction to the Director of Public Instruction to take a decision on Exhibits P9, P10 and P11 after hearing the petitioners and the Manager within a period of three months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of the Writ Petition along with a certified copy of this judgment to the 2nd respondent-Director of Public Instruction for compliance. The Writ Petition is disposed of as above. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn