IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31353 of 2009(L) -------------------------- PETITIONER(S): --------------- T.PRADEEP KUMAR, LPSA, CHERUMOTH LP SCHOOL, P.O.CHERUMOTH, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. ASSISTANT EDUCATIONAL OFFICER, NADAPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31353/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2009 J U D G M E N T The petitioner herein is working in Cherumoth L.P. School as a Lower Primary School Assistant. Presently, he is aggrieved by the order issued by the second respondent directing deployment to another school. According to the petitioner, he is entitled for retention in the school based on G.O.(P).No.403/2002/G.Edn., dated 04/12/2002 whereby protection has been granted to teachers in charge of Scouts and Guides. A copy of the said Government Order is produced as Ext.P2. It is the case of the petitioner that he holds a valid warrant as Cub Master of the 345th Vadakara Scout (Cub) Group functioning in Cherumoth L.P. School. The petitioner is also relying upon Ext.P3 Circular issued by the Director of Public Instruction in the matter wherein it is specified that the teachers who are actively working as Scout Masters and Guide Captains, Cub Masters and Bulbul Flock Leaders are eligible for retention in their Schools even if there is any fall in division. During the staff fixation for the year 2008-09, he was ordered to be retained in terms of the Government Order Ext.P2. 2. The petitioner has already filed a revision petition before the Government as per Ext.P7. The learned W.P.(C). No.31353/2009 -:2:- Government Pleader on getting instructions submits that Ext.P7 may be directed to be considered by the Government. 3. In the light of the order deploying the petitioner, the learned counsel for the petitioner prayed that a direction may be issued to the Government to take a decision on Ext.P7 within a shortest possible time and he may be allowed to be retained in the present station for the time being. The petitioner is also seeking stay of the order issued by the second respondent directing deployment of the petitioner to another school. 4. If the petitioner files a stay petition within two weeks, the same also will be considered by the Government and appropriate orders will be passed. Till orders are passed in the stay petition, the petitioner will be retained in the present school but without any liability for payment of salary for the time being. The said arrangement will be subject to the orders to be passed. The revision petition, Ext.P7, will be disposed of within a period of three months from the date of receipt of a copy of this Judgment after hearing the petitioner. The petitioner will produce a copy of the Judgment along with a copy of the writ petition for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms