IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 10489 of 2010(I) --------------------------------------- PETITIONER(S): ----------------------- SHEEBA JACOB, W/O.GEORGE MAMMEN KONDOOR, KOLATH KONDOOR HOUSE, ERAVIPEROOR, THIRUVALLA (UPPER PRIMARY SCHOOL ASSISTANT, ST.MARY'S UPPER PRIMARY GIRL'S SCHOOL, ERAVIPEROOR). BY ADV. SRI.S.SUBHASH CHAND, SMT.M.P.MARY. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,THIRUVALLA. 5. MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL/ST. MARY'S UPPER PRIMARY GIRLS SCHOOL/ ST. MARY'S LOWER PRIMRY SCHOOL, ERAVIPEROOR PO, THIRUVALLA, PATHANAMTHITTA. R1 TO R4 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10489 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STAFF FIXATION ORDER DATED 12/07/2005 FOR THE ACADEMIC YEAR 2005-2006 ISSUED BY RESPONDENT NO.4. EXT.P1(a): COPY OF THE ORDER BEARING NO.B5/10450/05/D.DIS. DATED 28/01/2006 PASSED BY RESPONDENT NO.4. EXT.P1(b): COPY OF THE STAFF FIXATION ORDER DATED 29/07/2006 ISSUED BY THE RESPONDENT NO.4. EXT.P2: COPY OF THE GO(P)NO.244/2006/G.EDN. DATED 16/09/2006. EXT.P3: COPY OF THE ORDER BEARING NO.B5/8930/06 DATED 20/01/2007. EXT.P4: COPY OF THE GO(MS)NO.11/02/G.EDN. DATED 07/01/2002. EXT.P5: COPY OF THE APPEAL DATED 31/01/2007 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. EXT.P6: COPY OF THE ORDER BEARING NO.B3/1582/07/K.DIS. DATED 19/10/2007. EXT.P7: COPY OF THE STATUTORY REVISION PETITION DATED 11/12/2007 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. EXT.P8: COPY OF THE JUDGMENT DATED 19/03/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 9373/2008. EXT.P9: COPY OF THE ORDER DATED 30/06/2008 PASSED BY RESPONDENT NO.2. EXT.P10: COPY OF THE GOVERNMENT ORDER DATED 10/11/2004 ISSUED BY RESPONDENT NO.1. EXT.P11: COPY OF THE GOVERNMENT ORDER DATED 04/01/2005 ISSUED BY RESPONDENT NO.1. EXT.P12: COPY OF THE GO(P)NO.12/08/G.EDN. DATED 09/01/2008. EXT.P13: COPY OF THE ORDER DATED 09/06/2009 ISSUED BY RESPONDENT NO.4 (PA IN FULL ADDITIONAL CHARGE OF DEO). EXT.P14: COPY OF THE REVISION PETITION DATED 15/06/2009 BEFORE RESPONDENT NO.1. EXT.P15: COPY OF THE JUDGMENT DATED 03/07/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 18708/2009-G. WP(C).No. 10489 of 2010(I) EXT.P16: COPY OF THE GOVERNMENT ORDER DATED 12/03/2010 PASSED BY RESPONDENT NO.1. EXT.P17: COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO.41/10/G.EDN. DATED 20/03/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 10489 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2010 J U D G M E N T The petitioner was appointed as an Upper Primary School Assistant in St.Mary's Upper Primary Girls' School, Eraviperoor on 5.6.1996. The said appointment was approved. Subsequently, she was appointed as U.P.S.A against another short term vacancy from 15.1.1997 to 26.3.1997 and that appointment was also approved. The petitioner commenced her continuous service as UPSA under the school from 3.6.1997 onwards. While so, a vacancy in the category of High School Assistant (Mathematics) arose in St.John's Higher Secondary School, Eraviperoor under the very same management. Pursuant to the same, the petitioner was promoted and posted as H.S.A (Mathematics) from 3.7.1998 to 2.9.1998. Later, she was regularly appointed as HSA (Mathematics) with effect from 1.6.1999 onwards. The said appointments were approved by the competent educational authorities. While so, Ext.P1 staff fixation order for the year 2005-06 was issued. The fixation of the staff strength was WPC.10489/2010 : 2 : effected by taking into account 1:45 teacher student ratio and consequently, the petitioner had to face reversion from the post of H.S.A. However, by applying the revised teacher student ratio 1:40, the petitioner was ordered to be retained as H.S.A as per Ext.P1(a) order. Staff fixation order for the year 2006-07 was then issued as per Ext.P1(b). In spite of Ext.P2 G.O extending the benefit of 1:40 teacher student ratio, the fourth respondent declined to grant the benefit of Ext.P2 to the petitioner in the light of Ext.P11 G.O. Consequently, the petitioner was ordered to be reverted to the post of U.P.S.A. Against the said reversion as also against the action on the part of the fourth respondent in not applying Ext.P2 G.O, the petitioner has preferred Ext.P5 appeal. As per Ext.P6 order, the said appeal was rejected by the 3rd respondent. The petitioner took up the matter in revision before the second respondent. Aggrieved by the delay in the matter of disposal of Ext.P7 revision petition dated 11.12.2007, the petitioner had approached this Court by filing W.P.(C).No.9373/2008. The said Writ Petition was disposed of as per Ext.P8 judgment and, consequently, the second respondent passed Ext.P9 order. Virtually, as per Ext.P9 order, Ext.P3 order has been confirmed. Besides the same, the order granting the benefit WPC.10489/2010 : 3 : of the reduced teacher student ratio 1:40 to the petitioner and his consequential retention as per Ext.P1(a) was interfered with. It was held that the petitioner should have been reverted from the post of H.S.A to U.P.S.A pursuant to Ext.P1 staff fixation order. Against Ext.P9 order passed by the second respondent, the petitioner has approached the first respondent through Ext.P14 revision petition. As per Ext.P16, the same was rejected by the Government and Government have confirmed Ext.P9 order passed by the second respondent. It would reveal that the review petition filed by the petitioner was rejected based on Ext.P11 G.O. 3. Later, as per Ext.P12 Government Order, the benefit of the Government order modifying the teacher student ratio 1:40 has been extended to the case of reversion to the lower post. The said order was to take effect from the academic year 2007-2008 years only. Later, Government have issued Ext.P17 Government Order. As per Ext.P17, the benefit of Ext.P12 Government Order was made applicable for the academic years 2004-05 to 2006-07. In the light of Ext.P17 the petitioner contends that Ext.P16 order passed by the Government requires reconsideration. As already noticed hereinbefore, Ext.P14 revision petition filed by the petitioner WPC.10489/2010 : 4 : was rejected as per Ext.P16 relying on Ext.P11 Government Order. Subsequently, Ext.P12 Government Order was issued extending the benefit of the reduced teacher student ratio even in the case of reversion to the lower post as per Ext.P12 Government Order. Now that the application of Ext.P12 Government order is extended from 2004-05 onwards, I am inclined to uphold the contention of the petitioner that Ext.P16 order requires a reconsideration. To enable the first respondent to reconsider Ext.P14 revision petition, Ext.P16 order is set aside. This writ petition is accordingly disposed of with a direction to the first respondent to reconsider Ext.P14 revision petition filed by the petitioner in the light of Ext.P12 and P17 Government Orders expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment after affording the petitioner an opportunity of being heard. It is made clear that the interim order dated 26.3.2010 passed by this court will continue till an order is passed in terms of this judgment. (C.T. RAVIKUMAR, JUDGE) jma