IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37265 of 2009(C) -------------------------- PETITIONER(S): --------------- BETTY MICHAEL V, W/O.BAJU KURIAN, AGED 39 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, A.LP. SCHOOL, GURUVIJAYAM, KOORKENCHERRY-VADOOKARA, THRISSUR-680 007. 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, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR WEST, PULLAZHI, THRISSUR DISTRICT - 12. 4. THE MANAGER, GURUVIJAYAM, KOORKENCHERRY-VADOOKARA, THRISSUR-680 007. 5. SMT.K.V.ROSA, LOWER PRIMARY SCHOOL ASSISTANT, A.L.P SCHOOL, GURUVIJAYAM, KOORKENCHERRY-VADOOKARA, THRISSUR-680 007. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37265/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of December, 2009 J U D G M E N T The petitioner is working as L.P.S.A in an Aided L.P. School, Guruvijayam, Koorkencherry. She was appointed as such on 15/06/1988 whereas, the fifth respondent entered service on 01/12/1992. Ext.P2 is a copy of the staff fixation order for the year 2009-10. It is the case of the petitioner that going by Ext.P2 order, the fifth respondent has to be deployed and the petitioner has to be retained in the same school. It is apprehended that the fifth respondent has filed a representation before the Deputy Director of Education seeking for continuance and, if the same is allowed, the petitioner will have to face deployment. The petitioner has therefore, filed Ext.P3 representation before the Deputy Director of Education in the matter. 2. Therefore, it is upto the Deputy Director of Education to take a decision on Ext.P3. The same will be considered after hearing the petitioner and respondent Nos.4 and 5. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms