IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7081 of 2009(E) ------------------------- PETITIONER(S): --------------- E.BALAKRISHNAN, JUNIOR SUPERINTENDENT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE CONVENER OF DPC (FOR PROMOTION TO THE POST OF SENIOR SUPDT.), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 7081 of 2009 --------------------------------------------------- Dated this the 5th day of March, 2009 JUDGMENT The petitioner is working as a Junior Superintendent in the office of the Deputy Director of Education, Kannur. The next promotion is to the post of Senior Superintendent. He is due to retire from service on 31.5.2009. 2. He was promoted and posted as Junior Superintendent with effect from 5.8.2005. This is evidenced by Ext.P1 order. The probation in the cadre of Junior Superintendent was declared with effect from 17.8.2007, which is evidenced by Ext.P2 order. In the provisional seniority list of Junior Superintendent for the period from 1.11.2002 to 31.12.2003, the petitioner is serial No.254. He has given the details of various persons who are juniors to him. One Mr.Chandrakumar S. , serial No.255, who is junior to the petitioner has already been promoted. (Ext.P5 dated 10.12.2008). This order further reveals that Sl.Nos.265, 366, 268, 272, 273 have also obtained promotion. 3. It appears that the delay occurred in the case of the petitioner is due to the fact that the confidential report was not produced in time. wpc:7081 of 2009 2 4. In these circumstances, the petitioner has filed Ext.P6 representation before the Director of Public Instructions seeking to redress his grievances and to promote him to the higher post, contending that even though the petitioner is not included in the select list, he has to be considered in the light of the relevant rules also. 5. Since the petitioner has already approached the statutory authority in the matter, there will be a direction to the 2nd and 3rd respondent to consider the grievance raised by the petitioner regarding his non inclusion in the select list for promotion as Senior Superintendent and if the action is in his favour, the same shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps