IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 36612 of 2010(B) ----------------------------------- PETITIONER(S): ------------------------- SHAHIDA P.T., UPSA, MDPS UP SCHOOL, EZHUR, TIRUR, MALAPPURAM. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676505. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR- 676101. 5. THE ASSISTANT EDUCATIONAL OFFICER, TIRUR-676101. BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.36612/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 22.8.05. P2:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 18.4.2007. P3:- COPY OF THE CIRCULAR NO.9679/J2/99/C.EDN. DTD. 24.3.1999. P4:- COPY OF THE ORDER OF THE 4TH RESPONDENT DTD. 16.2.2006. P5:- COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 30.1.2007. P6:- COPY OF THE ORDER OF 2ND RESPONDENT DTD. 31.7.2007. P7:- COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 12.11.07. P8:- COPY OF THE JUDGMENT DTD. 30.3.2010 IN WPC. 10981/2010. P9:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 15.9.2010. P10:- COPY OF THE REVISED STAFF FIXATION ORDER FOR THE YEAR 2007-08 TO 2009- 10 DTD. 27.5.2010. P11:- COPY OF THE REVISED STAFF FIXATION FOR THE YEAR 2006-07 DTD. 20.11.2010. P12:- COPY OF THE CERTIFICATES ISSUED BY THE HEADMASTER DTD. 2.12.2010. P13:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 24.2.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36612 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2011. JUDGMENT The petitioner herein is working as U.P.S.A. in M.D.P.S. U.P. School, Ezhur, Tirur, in Malappuram District. The prayer made by the petitioner is to quash Ext.P9 order issued by the Government, directing to revise the staff fixation for the academic year 2006-2007 to the extent of restricting the benefit of 1 : 40 teacher student ratio for the academic year 2006-2007 alone. 2. Along with I.A. No. I.A. No.9864/2011, the petitioner has produced Ext.P13, a communication of the Government to the Assistant Educational Officer, Tirur. The direction therein relates to the approval of appointment of the petitioner and another teacher. The operative portion of the order shows that there is a direction to retain the petitioner and another teacher, viz. Smt. T.Y. Suma, after refixing the staff fixation in the ratio of 1 : 40 for the subsequent years, in accordance with the seniority and rules in force. Evidently, going by Ext.P9, the view taken is that 1 : 40 ratio can be applied for the year 2006-2007 only, which stands modified by Ext.P13. Ext.P13 will show that the Government has directed the grant of benefit wpc 36612/2010 2 under 1 : 40 ratio and to revise the staff fixation accordingly for th subsequent years also. 3. When the matter came up for consideration on the previous occasion, learned Govt. Pleader was directed to get instructions whether any orders have been passed pursuant to Ext.P13. 4. It is submitted by the learned Govt. Pleader that in the light of the pendency of the writ petition and by awaiting directions from this Court, no order has been passed by the Asst. Educational Officer. 5. There will be a direction to the Asst. Educational Officer to pass the consequential order in terms of the direction contained in Ext.P13, in respect of the petitioner and any other teachers, within a period of two 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.) kav/