IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WA.No.290 of 2005 ----------------------- AGAINST THE JUDGMENT IN OP.347/1997 Dated 23/11/2004 .................... APPELLANT: 6TH RESPONDENT IN THE OP ------------------------------------------------- P.R.SREELEKHA, HIGH SCHOOL ASSISTANT, S.H.V.HIGH SCHOOL, KARAKKAD, CHENGANNUR. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: RESPONDENTS & PETITIONERS IN THE OP --------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. DISTRICT EDUCATIONAL OFFICER. MAVELIKKARA. 5. MANAGER, S.H.V.HIGH SCHOOL, KARAKKAD, CHENGANNUR. 6. P.K.PURUSHOTHAMAN, HIGH SCHOOL ASSISTANT, S.H.V.HIGH SCHOOL, KARAKKAD, CHENGANOOR. GOVERNMENT PLEADER SRI.SANDESH RAJA K. SRI.P.V.SURENDRANATH SMT.A.B.MOLY SMT.MINI.K.D. SRI.R.VINOD FOR R6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.290 of 2005 --------------------------------- JUDGMENT Koshy, J. Appellant was promoted as High School Assistant (Social Studies) with effect from 6.6.1994. Government, by Exhibit P11 order, allowed the revision and directed approval of her promotion. The writ petitioner challenged the same. The only ground taken was that the writ petitioner was the senior most. But the vacancy arose in Social Studies considering the periods allotted to the subject and subject allocation was also considered. It is also submitted that during the next year the writ petitioner was promoted and he has also retired. In the above circumstances, we are of the opinion that considering the subject ratio the Government was right in passing the order in favour of the appellant. The writ appeal is allowed. (J.B.Koshy, Judge) 22nd October, 2008 (K.P.Balachandran, Judge) tkv