IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 4070 of 2011(G) ------------------------- PETITIONER(S): --------------- 1. GIRIJA.P.NAIR, WIFE OF SREEDHARAN, AGED 40 YEARS, HIGH SCHOOL ASSISTANT (MATHS) T.T.V.HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. A.R.SMITHA, HIGH SCHOOL ASSISTANT (MATHS), T.T.V.HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DISTRICT EDUCATIONAL OFFIER, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661. 4. THE MANAGER, T.T.V.HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661. 5. SMT.C.S.NAICY MOL, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4070/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2011 J U D G M E N T The petitioners are working as High School Assistants (Maths) in the school managed by the fourth respondent. 2. The dispute is with regard to the staff fixation order 2010-11. In the staff fixation order dated 14/08/2010, the District Educational Officer retained junior-most teacher Smt.Naicy Mol, H.S.A (S.S) who is junior to the petitioners in the available vacancy of H.S.A (English). The staff fixation order was revised during the academic year 2010-11 and Ext.P3 is the copy of the said order. The petitioners are affected by the same and their salary is also withheld from 01/08/2010. According to the petitioners, without considering the seniority position of the petitioners, the junior hand is retained as H.S.A (English). It is in these circumstances, the petitioners filed statutory appeals before the second respondent as per Exts.P4 and P5. Ext.P6 is the acknowledgment card evidencing the receipt of Ext.P4. It is prayed that W.P.(C). No.4070/2011 -:2:- the appeals may be directed to be disposed of within a time frame as the petitioners are not getting salary. 3. There will be a direction to the second respondent to take a decision on Exts.P4 and P5 appeals after hearing the petitioners, the Manager and the fifth respondent within a period of two months from the date of receipt of a copy of this Judgment. The petitioners will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE