PRAVEENA V KAMATH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners in WP (C) Nos. 25061/2010 and 28516/2010 are Upper Primary School Assistants (UPSAs) and the petitioners, in WP (C) Nos. 23519/2010 and 27603/2010 are Lower Primary School Assistants (LPSAs). THE dispute raised herein is with respect to the steps taken by the management to retrench the UPSAs in preference to LPSAs on reduction of posts of LPSAs by transferring them as UPSAs. THE same was done in terms of the seniority of the appointees. THE contentions raised by the petitioners in WP (C) No. 25061/ 2010 and 28516/2010 are that the posts of UPSA and LPSA are not inter-changeable. It is therefore pointed out that when LPSA posts are reduced consequent on staff fixation, the junior-most in that category will have to be retrenched.

(2.) IN WP (C) No. 28516/2010 the petitioner was appointed as a UPSA in T.D. High School, Mattancherry as per Ext. P1 order dated 22/06/2005. She is a B.Ed, holder. The appointment has been approved by the District Educational Officer, as per Ext. P2 order. IN the High School the primary section consists of an L.P. section as well as a U.P. section. According to the petitioner, since she is appointed in the U.P. section, she is entitled to continue in the U.P. section. There cannot be a shifting of LPSA to U.P. Section to avoid retrenchment of LPSA and resulting in the retrenchment of the petitioner. Reliance is placed on Ext. P3 Govt. Order whereby the qualification for UPSA and LPSA were introduced by amendment of Chapter XXXI of the KER.

(3.) IN WP (C) No. 23519/2010 Ext. P6 order produced in WP (C) No. 25061/2010 is under challenge. The facts of the case show that the petitioner is having the qualification B.A. and T.T.C. She was appointed as LPSA as per Ext. P1 order, in T.D.G.L.P. School, which was approved with effect from 27/06/2005. The petitioners in WP (C) Nos. 25061/2010 and 28516/2010 are arrayed as respondents 5 and 6. It is her case that during the academic year 2009-2010 two posts of LPSAs were abolished in the T.D.G.L.P.S., Mattancherry and one post of UPSA was abolished in T.D.H.S., Mattancherry. The petitioner was transferred as UPSA to T.D.H.S., Mattancherry by Ext. P2 order. The fifth respondent challenged the same in appeal before the Deputy Director of Education. The appeal was allowed as per Ext. P4.