IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29847 of 2011(E) -------------------------- PETITIONERS: --------------- 1. K.SUMALATHA, HIGH SCHOOL ASSISTANT(ENGLISH)C.A.HIGHER SECONDARY SCHOOL AYAKKAD, PALAKKAD DISTRICT 2. SHASA KURIAKOSE, UPPER PRIMARY SCHOOL ASSISTANT, C.A.HIGHER SECONDARY SCHOOL,AYAKKAD, PALAKKAD DISTRICT BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT-678001 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT-678001 5. THE MANAGER, C.A.HIGHER SECONDARY SCHOOL, AYAKKAD, PALAKKAD DISTRICT,-678683 6. SMT.K.JAYAVALLY, HIGH SCHOOL ASSISTANT(SOCIAL STUDIES) C.A.HIGHER SECONDARY SCHOOL, AYAKKAD, PALAKKAD DISTRICT,-678683 BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29847 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF THE ORDER OF APPOINTMENT OF 2ND PETITIONER DT.4.6.07 EXT.P2:- TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B3/6838/2010 OF THE DISTRICT EDUCATIONAL OFFICER DT.24.9.11 EXT.P3:- TRUE COPY OF THE STAFF LIST OF THE SCHOOL AS ON 1/6/2007 EXT.P4:- TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE IST PETITIONER DT.2.11.11. EXT.P5:- TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER DT.2.11.11. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29847 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The 1st petitioner is working as a High School Assistant (English) and the 2nd petitioner is working as an Upper Primary School Assistant(English) in the C.A.Higher Secondary School, Ayakkad in Palakkad District. 2. The staff fixation order for the year 2010-11 is produced as Exhibit P2. It is pointed out that the District Educational Officer ordered reversion of the 1st petitioner by retaining the 6th respondent as High School Assistant(Social Science). It is submitted that the same is against the judgment of this Court in Rakhee v. State of Kerala (2006(1) KLT 766) and Rules 49 and 52 of Chapter XIV-A KER. The petitioners have filed Exhibits P4 and P5 revision petitions challenging the staff fixation order before the Director of Public Instruction under Rule 12-E(3) of Chapter XXIII KER. The petitioners are seeking for a direction to the Director of Public Instruction, the 2nd respondent herein, to take a decision on Exhibits P4 and P5 revision petitions W.P.(C)No.29847/11 -2- within a time frame. 3. There will be a direction to the 2nd respondent to take a decision on Exhibits P4 and P5, after hearing the petitioners, the Manager, the 6th respondent and any other parties who are likely to be affected by the same, within a period of two 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 copy of this judgment to the 2nd respondent for compliance. The status quo as on today as far as the petitioners are concerned will continue till orders are passed on Exhibits P4 and P5. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn