IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26102 of 2009(G) -------------------------- PETITIONER(S): --------------- C.V.PRADEEP KUMAR, AGED 36 YEARS, S/O.NARAYANAN, ASSISTANT TEACHER, KAYARALAM A.U.P.SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, P.O.KANNUR-2. 4. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH, P.O.MAYYIL, KANNUR DISTRICT. 5. THE MANAGER, KAYARALAM, A.U.P.SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26102/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of September, 2009 J U D G M E N T The petitioner had been working in the leave vacancy of one Shri K.C.Chandrasekharan Nambiar as Assistant Teacher in Kayaralam A.U.P. School from 01/06/2004 onwards. The petitioner received salary upto 30/06/2008. By Ext.P1 it was ordered that the junior most Assistant Teacher has to be retrenched as only 9 posts of Assistant Teachers were sanctioned as against 10 for the previous year. 2. The petitioner is relying upon Exts.P2 and P3 to contend that the benefits of 1:40 teacher-student ratio which was in existence till 2008-09 can be applied in favour of leave substitute also as per Ext.P3. But the said benefit was denied as per Ext.P4 by the Deputy Director of Education and Ext.P5 by the Director of Public Instruction. Exts.P6 and P7 are the revisions filed by the petitioner against the same. 3. In the light of the pendency of Ext.P7 before the Government there will be a direction to the first respondent to take a decision on Ext.P7 W.P.(C). No.26102/2009 -:2:- after hearing the petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms