High Court Kerala High Court

N.D.Bindu vs State Of Kerala Represented By Its on 27 July, 2009

Kerala High Court
N.D.Bindu vs State Of Kerala Represented By Its on 27 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21012 of 2009(V)


1. N.D.BINDU, U.P.S.A., A.V.H.S. KURICHI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE CORPORATE MANAGER,SNDS TRUST SCHOOLS

5. SANTHIMOL K.M., H.S.A.(SS),

6. S.SREEKALA, H.S.A. (MATHS), SIVAGIRI,

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :27/07/2009

 O R D E R
                       T.R. Ramachandran Nair, J.
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                      W.P.(C) No.21012 of 2009-V
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                 Dated this the 27th day of July, 2009.

                                 JUDGMENT

The petitioner is working as U.P.S.A. in the school managed by the 4th

respondent. The 4th respondent is having two High Schools, one is at

Kurichi and the other is at Sivagiri in Varkala. The petitioner joined as

UPSA on 7.6.1994 and was later promoted as HSA (Maths) with effect

from 25.9.1998 and was reverted with effect from 15.7.2008. According to

the petitioner, the 5th respondent who is her junior, was retained as H.S.A.,

even though she was promoted as HSA (Social Science) only on 18.6.2007.

2. During the academic year 2008-2009 one post of HSA (Maths)

became excess. The Manager ordered reversion of the petitioner as UPSA

as per Ext.P1. The matter was taken up before the Government and finally

before this court in Writ Petition No.33617/2008. Ext.P5 is the judgment.

As per the directions contained in Ext.P5, the Government passed Ext.P7

consequential orders directing the District Educational Officer to pass

orders within two months.

3. Presently, the complaint raised by the petitioner is that the third

respondent District Educational Officer has not passed any order. In the

wpc 21012/2009 2

light of the fact that Ext.P8 is pending before the third respondent, there will

be a direction to the third respondent to take a decision on the same after

hearing the petitioner, respondents 5 and 6 and the Manager. Appropriate

orders will be passed within a period of one month from the date of receipt

of a copy of this judgment.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/