(1.) The writ petitioner is in appeal against an interim order dated 14.08.2017 passed by the learned Single Judge while admitting W.P.(C) No.26770/2017. The appellant is an Upper Primary School Assistant (hereinafter referred to as 'UPSA' for short), working in the school of which the fifth respondent is the Manager. The school is a private aided school, governed by the provisions of the Kerala Education Act, 1958 and Kerala Education Rules, 1959 (hereinafter referred to as ' the Act and the Rules' for short).
(2.) The case of the appellant is that, in addition to working as a UPSA, she is also in charge of Scouts and Guides. Ext.P5 Government Order has ordered protection to be granted to teachers who are in charge of NCC/Scouts and Guides. The appellant became a protected teacher in the year 2007-2008. She was retained in the school as a protected teacher, extending the benefit of Ext.P5 order to her as evident from Ext.P1. She has been granted similar protection during the subsequent years also, as evident from Ext.P2 to P4. However, as per Ext.P6, the staff fixation for the year 2015-2016, she was denied protection and was deployed. Ext.P6 order was the subject matter of challenge at the instance of the appellant, in Ext.P9 revision. As per Ext.P10 judgment of this Court in W.P.(C) No.19564/2016 filed by the appellant this Court directed the revision to be considered and disposed of. Ext.P10 also directed the status- quo to be maintained in the meantime. Thereafter, by Ext.P12, the revision was dismissed, against which the appellant has preferred a further revision before the Government. Whileso, this Court, by Ext.P14 judgment in W.P.(C) No.32171/2016 directed the revision of the appellant to be considered. No orders have been passed, in the revision, Ext.P13, till date.
(3.) In the above circumstances, according to the appellant, she was promoted as a High School Assistant (hereinafter referred to as 'HSA' for short) in Natural Science on 01.11.2016. However, approval to the said promotion was declined as per Ext.P17. Against the said rejection, an appeal has been filed before the Deputy Director of Education, which is pending. While so, as per Ext.P19 staff fixation order for the year 2017-2018, the appellant has been included as a protected teacher, describing her as a UPSA, who is awaiting the decision of the Government. The appellant filed the writ petition, aggrieved by Exts.P12, P17, P19 and P20 communication issued by the Head Master, directing her to work as a UPSA awaiting the decision of the Government.