IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 831 of 2011(D) ------------------------ PETITIONER(S): --------------- JOYCY PAUL, HIGH SCHOOL ASSISTANT, V.R.A.M.H.S.,BRAHMAKULAM,THAIKKAD POST, THRISSUR DT BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------- 1. DY.DIRECTOR OF EDUCATION, THRISSUR,COLLECTORATE, POST AYYANTHOLE, THRISSUR DT PIN-680003 2. THE HEAD MISTRESS, V.R.A.M.H.S.,BRAHMAKULAM, POST TAHIKAD, THRISSUR DT GOVERNMENT PLEADER SHRI V.VIJULAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 831 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE STAFF LIST MAINTAINED BY THE 2ND RESPONDENT FOR 2010- 11 (RELEVANT PAGE) EXT.P2 TRUE COPY OF THE ORDER NO.B5-7992/10 DT.13/09/2010 ISSUED BY 1ST RESPONDENT TRANSFERRING THE PETITIONER. EXT.P3 TRUE COPY OF THE G.O.(P).NO.403/2002/G.EDN., DATED 04/012/2002 EXT.P4 TRUE COPY OF THE ORDER NO.G.O.(P).NO.226/2003/G.EDN., DT.14/06/2003. EXT.P5 TRUE COPY OF THE JUDGMENT IN WPC 32367/2010 DT.08/11/2010 0F THIS COURT. EXT.P6 TRUE COPY OF THE ORDER NO.B5/20231/2010 DT.20/12/2010 ISSUED BY 1ST RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.831/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of August, 2011 J U D G M E N T The petitioner herein is working as High Schoo1 Assistant in V.R.A.M.H.S., Brahmakulam in Thrissur District. The petitioner joined service in 1985 and has completed a period of 25 years of service. 2. The writ petition was filed when the petitioner was ordered to be deployed, as per Ext.P6 order, whereby it was held that she cannot be retained in the parent school. The said order was passed in the light of the Judgment of this Court in W.P.(C). No.32367/2010, a copy of which is produced as Ext.P5, wherein this Court directed the representation against Ext.P2 therein to be considered by the Deputy Director of Education. By an interim order dated 11/01/2011, the operation of Ext.P6 was stayed by this Court and the petitioner was allowed to continue in that schoo1, as before. 3. The learned Government Pleader on getting written instructions from the District Educational W.P.(C). No.831/2011 -:2:- Officer, Chavakkad submitted that as per the staff fixation for the year 2011-12, three protected teachers including the petitioner will be accommodated in the school. It is pointed out that the petitioner can be accommodated in the retirement vacancy of Smt.K.F.Pushpam, H.S.A (Social Studies) who was working in the post of H.S.A (English) and who retired from service on 31/03/2011. 4. Therefore, while issuing the staff fixation order, appropriate provision will be made for retaining the petitioner as proposed, if not already done. It is made clear that Ext.P6 need not be implemented as the petitioner is to be retained in the parent schoo1 itself. The writ petition is closed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms