IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 33952 of 2009(L) -------------------------------- PETITIONER: -------------- SHINAMMA THOMAS, BLOCK No.641, BALAGRAM P.O., NEDUMKANDAM, IDUKKI DISTRICT. BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE MR.PAUL ABRAHAM VAKKANAL, ADVOCATE. MR.DIJO SEBASTIAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF KANJIRAPPALLY, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33952 OF 2009 --------------------------------------- Dated this the 1st day of December, 2009. J U D G M E N T The petitioner is included in the rank list Exhibit P1 prepared by the 2nd respondent Management for appointment as H.S.A (Natural Science). The petitioner is rank No.9 in the said list. It is pointed out that appointments have been given upto serial No.7, till the year 2008-2009 and if two more appointments are made, the petitioner also would get permanent appointment. It is also pointed out that there were seven retirements of teachers during the year 2009-2010. 2. The difficulty pointed out by the petitioner for getting the appointment is that as per G.O.(P) No.154/09/Fin. dated 24.04.2009, unification of retirement was brought into force by the Government allowing the teachers to continue upto the end of the financial year with all benefits. 3. The petitioner is relying upon Exhibit P3 notification issued by the Public Service Commission whereby the P.S.C has W.P.(C) No.33952/2009 2 ordered that the validity of the rank lists which are in force and which will expire during the period from 05.10.2009 to 29.04.2010 shall be extended upto 30.04.2010. It is the case of the petitioner that she has completed 39 years of age on 28.05.2009, which is the overage limit fixed for appointment of Government servants and teachers. Therefore, a situation has arisen wherein relaxation has to be granted as otherwise the right of the petitioner to get appointment will be defeated. It is submitted that the above situation arose only in the light of the Government Order unifying the retirement age of teachers. 4. The petitioner has approached the Government as per Exhibit P4 representation dated 09.11.2009 seeking for such relaxation. Learned Government Pleader submitted that Exhibit P4 has not been received by the Government so far. Learned counsel for the petitioner submitted that the petitioner had directly submitted the same and she may be allowed to submit a further copy of Exhibit P4. There will be a direction to the 1st respondent to take a decision on Exhibit P4, if the petitioner produces a further copy of W.P.(C) No.33952/2009 3 the same within three weeks from today. Appropriate decision will be taken in accordance with law within a further period of three months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of this writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp