IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 1742 of 2011(P) ------------------------- PETITIONER: ------------------ SREEKALA.M, UPPER PRIMARY SCHOOL ASSISTANT, KURAVANGAD SOUTH U P SCHOOL, KOYILANDY, KOZHIKODE DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ---------------------- 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, KOZHIKODE-673 020. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE DISTRICT-673 305. 5. THE MANAGER, KURAVANGAD SOUTH U P SCHOOL, KOYILANDY-673 305, KOZHIKODE DISTRICT. 6. THE HEADMASTER, KURAVANGAD SOUTH U P SCHOOL, KOYILANDY, KOZHIKODE DISTRICT-673 305. BY GOVERNMENT PLEADER, SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK T.R. RAMACHANDRAN NAIR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 1742 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 J U D G M E N T The petitioner was appointed as Upper Primary School Assistant on regular basis in the school managed by the 5th respondent from 2.6.2003. 2. The appointment has been approved also. The dispute herein is with regard to the staff fixation order. For the academic year 2009-10, the appropriate sanctioned posts in LP Section were 6 and UP Section were 7. The petitioner has been shown as accommodated as LPSA under 1:40 ratio instead of UPSA. It is the case of the petitioner that petitioner being a B.Ed holder and was appointed as UPSA with effect from 2.6.2003, she cannot be converted as LPSA. The Deputy Director corrected the mistake as Ext.P3 on review of staff fixation order. Even though the correction was thus effected, no consequential order was issued to accommodate the petitioner under 1:40 ratio as UPSA. The petitioner, thereafter, approached the Government by filing a revision. By Ext.P4, Government directed the AEO to retain the WPC. No.1742/2011 : 2 : petitioner as the 7th UPSA for the academic year 2009-10. It is the case of the petitioner that the said order was not implemented so far. But, in the meanwhile for the academic year 2010-11 AEO sanctioned 7 posts of UPSA. The petitioner therefore filed a representation before the AEO to accommodate the petitioner as UPSA for the academic year 2010-11. The petitioner prays that the said representation may be directed to be considered by the Assistant Educational Officer. 3. Heard the learned Government Pleader. There will b e a direction to the Assistant Educational Officer, the 4th respondent to take decision on Ext.P6 representation in accordance with law within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment for compliance. The writ petition is disposed of accordingly. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) jma