LAWS(KER)-2010-12-74

KAVITHA K N Vs. STATE OF KERALA

Decided On December 03, 2010
KAVITHA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner was working as LPSA in U.P.S.Thanikudam, Thrissur District. As per Ext.P2 staff fixation order for 2008-09, it is stated that eleven posts of LPSA were sanctioned. THE petitioner was the junior-most LPSA working in the School at that time. As per Ext.P3 staff fixation order for 2009-10, two posts of LPSA were reduced for want of effective strength. Thus, the sanctioned strength of LPSA for the academic year 2009-10 was reduced from eleven to nine. However, applying 1:40 teacher-student ratio as sanctioned as per the Government Order, G.O.(P) No.219/97/G.Edn. dated 20.6.1997, the petitioner was retained as per Ext.P5 order dated 31.8.2009 passed by the Assistant Educational Officer. A Super Check Cell conducted a surprise visit in the School. THEreafter, Ext.P6 revised staff fixation order was issued. As per Ext.P6, one post of LPSA and two posts of UPSA were abolished. THE contention of the petitioner is that even after the issuance of Ext.P6 order, by applying 1:40 teacher-student ratio, the petitioner was entitled to continue in service. However, pursuant to the direction contained in Ext.P6 order, the Assistant Educational Officer issued Ext.P7 order dated 24.6.2010, by which the petitioner was retrenched from service with effect from 15.7.2009. Challenging Ext.P7 order, the Manager filed Ext.P8 appeal dated 30.6.2010 before the Deputy Director of Education. Ext.P8 appeal is pending.

(2.) THOUGH several reliefs are prayed for in the Writ Petition, the learned counsel appearing for the petitioner submitted that, for the time being, it would be sufficient if a direction is given to the Deputy Director of Education to consider and dispose of Ext.P8 appeal expeditiously.