IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37017 of 2010(B) PETITIONER: --------------- K. GEETHA, W/O. VIJAYAKUMAR, AGED 45 YEARS, MUSIC TEACHER, M N K M H S SCHOOL, CHITTILANCHERRY, PALAKKAD DISTRICT - 678 704. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN, M.SAJJAD AND SRI.V.K.GOPALAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT - 678 014. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 014. 5. THE HEADMASTER, M N K M H S SCHOOL, CHITTILANCHERRY, PALAKKAD - 678 704. R1 TO R4 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 37017 OF 2010 B ------------------------------------------------------ Dated this the 21st day of December, 2010 JUDGMENT The case of the petitioner is the following. The petitioner was appointed as Music Teacher in the High School Section of MNKMHS School, Chittilancherry, Palakkad District on 13.7.1992. That appointment was approved pursuant to Ext.P1 order dated 12.5.1993 issued by the Director of Public Instruction. It is stated that clubbing arrangement of the post was made and the petitioner was working as per such arrangement. One P. Radha Devi, Music Teacher in the U.P.Section of the School staked the claim for the post in the High School Section. According to the petitioner, that claim attained finality against P.Radha Devi, in the light of Exts.P2, P3 and P4 judgments in W.P.(C) Nos.26941 of 2005, 20646 of 2008 and R.P.No.682 of 2010 in W.P.(C) No.20646 of 2008 respectively. As per Ext.P5 staff fixation order for the academic year 2010-11, it was provided as follows: “Smt.P.Radhadevi Music teacher of UP Section is granted protection and retained in the UP Section and W.P.(C) NO.37017 OF 2010 B :: 2 :: Smt.K.Geetha, Music Teacher is retained in HS Section itself as per judgment dt.08.06.2010 in W.P. (C) No.20646/08 of the Hon. High Court Kerala. The one and only Music post in the school is in HS Section.” 2. The petitioner submitted Ext.P6 representation dated 29.7.2010 to the Deputy Director of Education, Palakkad requesting to cancel the deployment made on working arrangement basis, in the light of the staff fixation order for the academic year 2010-11. The petitioner also submitted Ext.P7 reminder dated 7.10.2010 to the Deputy Director of Education. Exts.P6 and P7 are not yet disposed of. 3. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if Exts.P6 and P7 are directed to be disposed of by the Deputy Director of Education, expeditiously. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. W.P.(C) NO.37017 OF 2010 B :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The Deputy Director of Education shall consider and dispose of Exts.P6 and P7 submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. iii) The petitioner shall send a copy of the Writ Petition and copy of the judgment to the fifth respondent as well as the Manager by Registered Post and the petitioner shall produce proof of the same before the Deputy Director of Education. (K.T.SANKARAN) Judge ahz/