IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1742 of 2011(P)
1. SREEKALA.M,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE MANAGER,
6. THE HEADMASTER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :18/01/2011
O R D E R
T.R. RAMACHANDRAN NAIR, J
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W.P.(C)No. 1742 OF 2011
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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)
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