IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10045 of 2010(E)
1. M.V.MINI, AGED 31 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. THE HEADMASTER, PATTUVAM U.P.SCHOOL,
5. THE MANAGER, PATTUVAM U.P.SCHOOL,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/03/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 10045 of 2010
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Dated this the 24th day of March, 2010
J U D G M E N T
The petitioner was appointed as a U.P.S.A. in the
5th respondent’s school from 01.06.2005 against a
promotion vacancy. The petitioner’s appointment was
approved and her probation was also declared. During the
staff fixation for the year 2008-09, there was reduction of
one post in the U.P.S.A. and increase in one post of L.P.S.A.
Consequently the number of teachers continued to be the
same. According to the petitioner, at the relevant time, the
post of L.P.S.A. and U.P.S.A were interchangeable. The
amendment to the Kerala Education Rules restraining
shifting of UPSA as LPSA and vice versa came into force
only with effect from 16.09.2009. Therefore according to
the petitioner, the petitioner should have been retained in
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the school notwithstanding the reduction of one post of
U.P.S.A., since she could have been accommodated as an
L.P.S.A. at the relevant time. However the educational
authority is of the view that the petitioner is not on the rolls
since 15.07.2008. In the above circumstances, the
petitioner has filed Ext.P4 revision petition before the
1st respondent. Petitioner seeks a direction to the
1st respondent to consider and pass orders on Ext.P4
expeditiously.
2. I have heard the learned Government Pleader
also. In the facts and circumstances of the case, I dispose
of this writ petition with a direction to the 1st respondent to
consider and pass orders on Ext.P4 as expeditiously as
possible, at any rate within a period of three months from
the date of receipt of a copy of this judgment, after
affording an opportunity of being heard to the petitioner as
well as the 5th respondent.
W.P.(C)No. 10045 of 2010
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3. The petitioner shall forward a copy of the writ
petition along with a certified copy of this judgment to the
1st respondent for compliance.
S. SIRI JAGAN
JUDGE
shg/