IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 32345 of 2010(P) PETITIONER: --------------- B.D.JAYARAJ, HIGH SCHOOL ASSISTANT (HINDI), GOVERNMENT HIGHER SECONDARY SCHOOL, PUDUPPADY, KOZHIKODE DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM- 695 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 014. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE- 673586. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.32345 OF 2010 P ------------------------------------------------------ Dated this the 24th day of November, 2010 JUDGMENT The case of the petitioner is the following. While working as Junior Hindi Teacher (Part Time), the petitioner was promoted as Junior Hindi Teacher (Full Time) on 5.10.1994. Later, he was promoted as High School Assistant (Hindi) with effect from 6.7.1997. The petitioner and few other teachers were reverted, as per the order issued by the fourth respondent on 3.12.1999, on the ground that there were no open vacancies to accommodate P.S.C recruits. The petitioner filed O.P.No.8644 of 2002 challenging that order. As per an interim order passed in that Original Petition, the fourth respondent considered the matter and passed the order dated 4.2.2004 re-promoting the petitioner. O.P.No.8644 of 2002 was disposed of as per the judgment dated 18.8.2006, directing the Government to issue orders regarding regularization of the promotion of the petitioner. In compliance with the judgment, the first respondent issued G.O.(Rt) No.1392/07/G.Edn. dated 27.3.2007 (Ext.P1), declaring that there were sufficient vacancies of H.S.A. W.P.(C) NO.32345 OF 2010 :: 2 :: (Hindi) to accommodate the petitioner. The promotion of the petitioner was regularized with effect from the date of original promotion. The petitioner contends that the effect of Ext.P1 is that the petitioner shall be deemed to have continued as H.S.A.(Hindi) from 6.7.1997, the original date of promotion, and that his service as H.S.A.(Hindi) from 6.7.1997 shall be reckoned for the purpose of seniority. 2. A seniority list of H.S.A.(Hindi) qualified for promotion as HSST (Hindi) was prepared in the year 2003. At that time, since the petitioner was reverted, his name was not included. The petitioner contends that he is entitled to be placed at rank No.28 in the seniority list. It is also pointed out that 66 persons included in the seniority list were promoted as HSST (Hindi). The petitioner could not get promotion because he was not included in the seniority list on account of the reversion. In view of Ext.P1 Government Order, it is contended that the petitioner is entitled to be promoted as HSST (Hindi) taking into account that he was working as H.S.A.(Hindi) from 30.9.1997 without interruption. Pointing out these facts, the petitioner submitted Ext.P2 representation dated 15.8.2007 before W.P.(C) NO.32345 OF 2010 :: 3 :: the Director of Higher Secondary Education. There was no response. Therefore, the petitioner submitted Ext.P3 representation dated 12.5.2010 to the first respondent. It is stated that Ext.P3 is pending disposal. 3. The learned Government Pleader, on instructions, submitted that Ext.P3 representation was not seen received by the first respondent. On the basis of this submission, the petitioner sent a copy of Ext.P3 representation to the first respondent by registered post. Learned counsel for the petitioner submitted that the acknowledgment card for having received Ext.P3 representation by the first respondent has been received by the petitioner. 4. The reliefs prayed for in the Writ Petition are the following: “(i) a writ of mandamus to the 1st Respondent to take up Ext.P3 and to issue orders in the matter of promotion legitimately due to the petitioner to the cadre of H.S.S.T. (Hindi) on the basis of Ext.P1 government order. (ii) a writ of mandamus to the 3rd respondent to forward service details of the petitioner to the 2nd W.P.(C) NO.32345 OF 2010 :: 4 :: respondent with due regard to Ext.P1 to enable the 2nd respondent to consider the case of the petitioner for promotion as H.S.S.T.(Hindi). (iii) a writ of mandamus to the 2nd respondent to promote the petitioner as H.S.S.T.(Hindi) from the date of promotion of his immediate junior in the year 2003 with all consequential service benefits including salary. and (iv) such other writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 5. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if Ext.P3 representation is considered and disposed of by the first respondent expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P3 representation submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from W.P.(C) NO.32345 OF 2010 :: 5 :: the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/