IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33778 of 2009(N)
1. BABY.M.G,
... Petitioner
Vs
1. THE DISTRICT EDUCATIONAL OFFICER,
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. P. SWAPNA, UPSA, AUP SCHOOL,
5. THE MANAGER,
For Petitioner :SRI.ANIL SIVARAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :24/11/2009
O R D E R
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No. 33778 of 2009-N
- - - - -- - - - - - - - - - - - - - - - - - - - -
Dated this the 24th day of November, 2009.
JUDGMENT
The petitioner is working as UPSA in the school managed by the 4th
respondent. The petitioner entered service on 14.5.1993 and the third
respondent was appointed in the year 1997 as UPSA.
2. During the year 2006-2007 there were five divisions in the school.
But during the staff fixation for the year 2007-2008, one division was
abolished for want of students strength, but the petitioner and the third
respondent were allowed to continue in the school in terms of 1 : 40 ratio.
The petitioner is also relying upon Ext.P2 Govt. Order permitting retention
of teachers in charge of scouts and guides in the same school.
3. The dispute herein relates to the non-consideration of Exts.P4 and
P5 by the authorities. The staff fixation for this year is evident from
Ext.P3, whereby one division is reduced. In these circumstances, the
petitioner has approached the District Educational Officer by Ext.P5,
seeking her retention in the school. The same was directed to be forwarded
to the Deputy Director of Education through the Manager as per Ext.P6
communication by the District Educational Officer. It is averred by the
wpc 33778/2009 2
petitioner that already the same stands forwarded to the Deputy Director of
Education.
4. Learned Senior Counsel appearing for the petitioner submitted
that unless the Deputy Director is not taking a decision immediately, that
may put the petitioner to difficulties. Therefore, there will be a direction to
the second respondent to take a decision on Ext.P5, within a period of one
month from the date of receipt of a copy of this judgment, after hearing the
petitioner and respondents 3 and 4. Meanwhile, any proposal to deploy the
teachers, will be kept in abeyance till a decision is taken.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/