IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36955 of 2009(L) -------------------------------- PETITIONER: -------------- JULIE.V.M, AGED 34 YEARS, W/O.ASHRAF, UPPER PRIMARY SCHOOL ASSISTANT FAROOK HIGHER SECONDARY SCHOOL, P.O.FAROOK COLLEGE, KOZHIKODE DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 5. THE MANAGER, FAROOK HIGHER SECONDARY SCHOOL, P.O.FAROOK COLLEGE, KOZHIKODE DISTRICT. 6. SRI.K.C.MOHAMMED SAYEED, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), FAROOK HIGHER SECONDARY SCHOOL, P.O.FAROOK COLLEGE, KOZHIKODE DISTRICT. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36955 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009. J U D G M E N T The petitioner herein is working as Upper Primary School Assistant in the Farook Higher Secondary School in Kozhikode District. She was initially appointed as U.P.S.A from 25.09.2002 to 04.12.2002 in the same school. The said appointment was approved. When a leave vacancy of H.S.A(SS) arose from 01.01.2003 to 06.03.2003, the petitioner was appointed in that vacancy and the said appointment was also approved. The petitioner was also appointed as U.P.S.A from 23.06.2003 to 30.03.2004 in a leave vacancy and in a permanent vacancy of U.P.S.A from 09.06.2004 onwards. There appointments were also approved. 2. The 6th respondent was appointed as U.P.S.A from 13.07.1994, which was approved. The Manager promoted the 6th respondent as H.S.A (SS) from 23.06.2008 when a retirement vacancy arose in the school stating that he is the senior-most W.P.(C) No.36955/2009 2 claimant under Rule 43 of Chapter XIV-A of Kerala Education Rules. 3. It is the case of the petitioner that she is a claimant under Rule 43 of Chapter XIV-A of K.E.R and therefore, she is entitled to get promotion as H.S.A (SS) from the re-opening date of the academic year 2008-09. The petitioner has filed Exhibit P6 revision petition before the 1st respondent aggrieved by the order dated 27.10.2009 of the Director of Public Instruction namely, Exhibit P5 herein. Earlier the Director of Public Instruction was moved by the petitioner challenging the order dated 12.02.2009 issued by the Deputy Director of Education. Exhibit P7 is the acknowledgment card evidencing the receipt of Exhibit P6 by the Government. 4. The petitioner is relying upon the principles stated by this Court in Jannet Varghese vs. State of Kerala (2006(3) KLT 435), Exhibit P1, and in Sandhya T.N. vs. Jalaja Kumari and others (I.L.R. 2008(3) Kerala 175), Exhibit P2. Since the matter is now pending in revision before the Government as per Exhibit P6, there will be a direction to the W.P.(C) No.36955/2009 3 Government to take a decision on Exhibit P6, after hearing the petitioner and respondents 5 and 6, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp