IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 31425 of 2010(C) ------------------------- PETITIONER : -------------------- P.R.SUDHAKARAN, HIGH SCHOOL ASSISTANT (MATHEMATICS), S N G S HIGH SCHOOL, KARAMUKKU, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680 001. 5. THE HEADMASTER, S N G S H SCHOOL, KARAMUCK, KANDASSANKADAVU, THRISSUR DISTRICT-680 613. R1 TO R4 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31425 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE G.O.(MS)NO. 132/09/G.EDN. OF THE GOVERNMENT. EXT.P2 : COPY OF THE CIRCULAR NO. H2/544419/94 OF THE 2ND RESPONDENT. EXT.P3 : COPY OF THE REQUEST OF THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER. EXT.P4 : COPY OF THE STAFF FIXATION ORDER 2010-11. EXT.P5 : COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT. EXT.P5(a) : COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P-5. EXT.P6 : COPY OF THE G.O.(P)NO.191/10/G.EDN. OF THE GOVERNMENT. EXT.P7 : COPY OF THE DETAILS OF PAY BILL. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31425/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of January, 2011 J U D G M E N T The petitioner is working as High School Assistant (Mathematics) in the fifth respondent's school. 2. The main prayer in the writ petition is to quash Ext.P4 to the extent it orders reduction of one post of H.S.A (Mathematics) and reversion of the petitioner including the likely deployment. 3. According to the petitioner, for the academic year 2009-2010, 24 posts H.S.A (Core Subject) have been sanctioned; and 8 posts of H.S.A (Mathematics) can be accommodated in terms of Circular dated 10/02/1995 which was prevalent prior to G.O.(Ms). No.11/2002/G.Edn., dated 07/01/2002. It is pointed out that the same has not been considered by the District Educational Officer while issuing Ext.P4 staff fixation order. Reliance is placed on G.O.(MS). No.132/2009/G.Edn., dated 17/06/2009. It is also his contention that he was appointed prior to 07/01/2002 and by retrenching him, teachers appointed subsequent to 07/01/2002 are permitted to continue. W.P.(C). No.31425/2010 -:2:- 4. Ext.P5 is the revision petition filed by the petitioner before the Director of Public Instruction along with Ext.P5(a) stay petition. This Court, while admitting the writ petition on 13/10/2010, stayed the deployment of the petitioner for a period of one month which was extended until further orders by order dated 11/11/2010. Ext.P5 is still pending. It is upto the Director of Public Instruction to pass final orders on Ext.P5 revision petition. Therefore, there will be a direction to the second respondent to pass appropriate orders on Ext.P5 after hearing the petitioner and the Manager within a period of two months from the date of receipt of a copy of this Judgment. Until orders are passed as above, the interim order passed by this Court will continue. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms