IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 17856 of 2004(A) -------------------------- PETITIONER: ------------ M.M.NALINI, W/O.NARAYANAN NAMBIAR, AGED 50 YEARS, INSTRUCTOR, GOVT. COMMERCIAL INSTITUTE, TALIPARAMBA, RESIDING AT `ARUN NIVAS', EMBATE, P.O.PARIYARAM-670 502, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------- 1. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT, GOVERNMENT COMMERCIAL INSTITUTE, TALIPARAMBA. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17856/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.EB1/37850/97 DT.23.9.1999 ISSUED BY THE RESPONDENT NO.1. EXT.P2: COPY OF THE ORDER NO.EB1/24699/2003 DT.14.10.2003 ISSUED BY RESPONDENT NO.1. EXT.P3: COPY OF THE ORDER NO.EB1/10391/02/DTE/(i) DT.15.5.2004 ISSUED BY THE RESPONDENT NO.1. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.17856 OF 2004 ------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner, while working as Assistant Instructor under the 1st respondent, was promoted as Instructor along with two others, by Ext.P1 order, in 1999. Later, she was reverted by Ext.P3 order dated 15.5.2004, to the post of Assistant Instructor, to accommodate a P.S.C. hand in the post of Instructor, treating her as the junior most among the promoted Instructors. The petitioner challenges Ext.P3 on the ground that, her junior, Smt.Sudhamani, was retained in the post of Instructor, while she was reverted going by Ext.P1, she is senior to Smt.Sudhamani, it is submitted. So she prays for quashing Ext.P3. 2. The learned Government Pleader, upon instructions, submitted that Smt.Sudhamani was reverted on 7.10.2003 to accommodate an Instructor, who came back from deputation. In view of the above submission, there is no ground to interfere with Ext.P3. But, if the petitioner has a case that, any W.P.(C) No.17856/2004 2 of her juniors were actually retained in the post of Instructor while she was working as Assistant Instructor, she will be free to represent the said grievance before the 1st respondent. In that event, the 1st respondent shall consider and pass orders on it, without delay. (K.BALAKRISHNAN NAIR, JUDGE) ps