IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 22502 of 2010(K) -------------------------- PETITIONER(S): --------------- PRAVEENA V.KAMATH, U.P.S.A., T.D. HIGH SCHOOL, MATTANCHERRY, KOCHI - 6, ERNAKULAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. THE MANAGER, T.D.CORPORATE EDUCATIONAL AGENCY, COCHIN THIRUMALA DEVASWOM, GOSRIPURAM, KOCHI - 682 022. 6. THE HEADMISTRESS, T.D.HIGH SCHOOL, MATTANCHERRY, KOCHI - 6 ERNAKULAM DIST. GOVERNMENT PLEADER MR.DILIP MOHAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ~~~~~~~~~~~~~ W.P.(C) No.22502 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 19th day of July 2010 J U D G M E N T The petitioner who is working as an Upper Primary School Assistant in T.D.High School, Mattancherry under the management of 5th respondent, filed this writ petition praying for the issuance of writ of mandamus commanding the respondents to retain her as UPSA in T.D.High School, Mattancherry. The further prayer is for issuance of writ of mandamus commanding the respondents to refrain from posting any LPSA in T.D.High School, Mattancherry as UPSA and showing any of them as UPSA during the staff fixation for the year 2010-2011. In view of the order I propose to pass in this writ petition I think it unnecessary to look into the merits of the contentions raised in this writ petition at this stage. The grievance of the petitioner is with respect to the proposal of 5th respondent to shift an W.P.(C) No.22502 of 2010 -: 2 :- LPSA as against the post held by the petitioner in the category of UPSA. According to the petitioner, if such a shifting is affected, it will necessarily entail her retrenchment. Obviously, the contention of the petitioner is going by the scheme of the Kerala Education Rules the category of UPSA and LPSA are different and distinct. Raising all such contentions the petitioner has already approached the 3rd respondent as per Ext.P5. However, no action has so far been taken on Ext.P5, it is submitted. 2. The petitioner apprehends that she would not be permitted to put her signature in the Attendance Register and in such eventuality, it would detrimentally affect her in future. The learned counsel appearing for the petitioner has also brought to my attention that when the 5th respondent attempted to effect such shifting of LPSA to UPSA on an earlier occasion that was interfered by the 2nd respondent as is obvious from Ext.P6. 3. As already noticed herein before, raising all the W.P.(C) No.22502 of 2010 -: 3 :- contentions made as above the petitioner has already approached the 3rd respondent through Ext.P5. The said representation is pending before the 3rd respondent. Therefore, this writ petition is disposed of with a direction to the 3rd respondent to consider and pass orders on Ext.P5 expeditiously, at any rate, within a period of three weeks with notice to the petitioner and the 5th respondent and also to any other teacher likely to be detrimentally affected in case of issuance of a favourable order to the petitioner. If the petitioner is desirous to file any further representation to supplement Ext.P5, she may submit such representation along with a copy of this judgment, within one week from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- C.T.RAVIKUMAR, JUDGE. Jvt The words “3rd respondent” wherever they occur in the first and third paragraphs of the judgment dated 19/07/2010 in WP(C) 22502/2010 are corrected as “4th respondent” as per order dated 29/07/2010 in I.A. 10524/2010 in WP(C) 22502/2010. Sd/- Registrar (Judicial)