IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30099 of 2010(J) -------------------------- PETITIONER(S): ---------------------- DEEPA VARGHESE, W/O.P.X.JOHN, AGED 36 YEARS, PRIMARY SCHOOL ASSISTANT, ST.MARY'S U.P.SCHOOL, KUMBALAM, ERNAKULAM. BY ADVS. SRI.M.SAJJAD SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, KOCHI-30. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-11. 5. THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM-680 011. 6. THE MANAGER, ST.MARY'S U.P.SCHOOL, KUMBALAM, ERNAKULAM DISTRICT- 682 506. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30099 OF 2010 ------------------------------ Dated this the 30 th day of September, 2010 JUDGMENT The petitioner is working as Primary School Teacher in St.Mary's U.P.School, Kumbalam. It is stated that the initial appointment of the petitioner was as Lower Primary School Assistant in St.Augustine L.P.School, Pazhanganad. She was granted inter management transfer (Ext.P1) with effect from 5.6.2003 as UPSA in a retirement vacancy of one K.P.Omana, UPSA. While the petitioner was working as UPSA with effect from 5.6.2003, the Manager shifted her as LPSA without her knowledge and consent, as per Ext.P2 proceedings of the Manager. The case of the petitioner is that in spite of Ext.P2 proceedings dated 9.9.2005, the same was not implemented by the Manager. The relevant pages of the service book of the petitioner, produced as Ext.P3, are relied on to show that Ext.P2 was not implemented. W.P.(C).No.30099 OF 2010 2 2. It is contended that the petitioner being a Graduate with B.Ed.Degree, she is not eligible to be posted in the L.P.Section in view of G.O.(P) No.188/2000 G.Edn. Dated 8.6.2000. The petitioner having not acquired T.T.C qualification, it is submitted that she cannot hold the post of LPSA. On getting information about Ext.P2, the petitioner submitted Ext.P4 representation before the Assistant Educational Officer. The Assistant Educational Officer passed Ext.P5 order dated 22.6.2010 on Ext.P4 representation, holding that the request for shifting the petitioner as UPSA is to be submitted to the Manager. The petitioner filed W.P.(C) No.21492 of 2010 on the ground that the Assistant Educational Officer did not dispose of Ext.P4 on the merits. That Writ Petition was disposed of as per Ext.P6 judgment dated 12.7.2010 directing the Assistant Educational Officer to consider Ext.P4 on the merits. The Assistant Educational Officer thereafter passed Ext.P7 order dated 8.9.2010 holding that the petitioner cannot W.P.(C).No.30099 OF 2010 3 be shifted as UPSA since it would upset the staff pattern in the school and that there is no threat to the continuance of the petitioner as LPSA. Aggrieved by Ext.P7 order, the petitioner has filed Ext.P8(a) appeal before the District Educational Officer, the fourth respondent. Ext.P8(a) appeal is pending disposal. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) call for the records relating to Exhibits P- 2, P-5 and P-7 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) declare that the Petitioner is entitled to continue as UPSA in the School. iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to effectively consider and pass appropriate orders upon Exhibit P-8(a) after affording an opportunity of being heard to the Petitioner within a time limit afresh. iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C).No.30099 OF 2010 4 4. Learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied if relief No.(iii) is granted. The request is just and reasonable. Accordingly, the Writ Petition is disposed of as follows: a) The 4 th respondent-District Educational Officer, Ernakulam shall consider and dispose of Ext.P8(a) appeal, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. b) The petitioner shall produce a certified copy of the judgment and W.P.(C).No.30099 OF 2010 5 copy of the Writ Petition before the District Educational Officer. c) The petitioner shall also send a copy of the judgment and copy of the Writ Petition to 6 th respondent, the Manager, by registered post and shall produce proof of the same before the District Educational Officer. K.T.SANKARAN, JUDGE. cms