IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17363 of 2011(U) -------------------------- PETITIONER: --------------- A. SALIM, PHYSICAL EDUCATION TEACHER, VANNERY HIGH SCHOOL, PUNNAYURKULAM. RESIDING AT SALIM MANZIL, PUNNAYURKULAM, THRISSUR DISTRICT - 679 561. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. THE MANAGER, VANNERY HIGH SCHOOL, PUNNAYURKULAM, MALAPPURAM DISTRICT - 679 561. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM - 676 101. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM - 676 505. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 014. 5. DENNY JAMES.T., S/O. T.O. JAMES, THAKKIYAKKARU HOUSE, P.O. KUNNAMKULAM, TRICHUR DISTRICT - 680 503. 6. THE HEADMASTER, MSMHSS, KALLINGAL PARAMBU, TIRUR - 676 101. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIXIN W.P.(C)No.17363/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DT.18.7.88. EXT.P2 : COPY OF THE APPOINTED ORDER ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DT.1.10.88. EXT.P3 : COPY OF THE APPOINTMENT ORDER ISSUED TO THE 5TH RESPONDENT BY THE 1ST RESPONDENT DT.19.7.88. EXT.P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.14.10.88. EXT.P6 : COPY OF THE ORDER NO.B4/49769/88 DT.24.2.88. EXT.P7 : COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST AS ON 1.1.2000. EXT.P8 : COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST AS ON 1.1.2006. EXT.P9 : COPY OF THE ORDER B3/10028/201 DT.4.6.11 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: //TRUE COPY// P.A. TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. ----------------------------------- W.P.(C). No.17363 OF 2011-U --------------------------------- DATED THIS THE 6TH DAY OF JULY, 2011 J U D G M E N T The petitioner who is working as a Physical Education Teacher in the Vannery High School, Punnayurkulam is aggrieved by Exhibit P9 communication issued by the Deputy Director of Education. By the said communication addressed to the 6th respondent, the petitioner's name has been forwarded for accommodation as a protected teacher. 2. The petitioner has raised various contentions in the Writ Petition. The main contention raised is that the petitioner is senior to the 5th respondent and therefore the deployment as per Exhibit P9 cannot be justified. 3. Exhibit P7 is a seniority list relied upon by the petitioner wherein the petitioner was shown as Sl.No.29 while the 5th respondent is shown as Sl.No.66. Exhibit P8 is the revised seniority list wherein the 5th respondent is shown as Sl.No.53 and the petitioner is shown as Sl.No.54. Apparently, by acting upon the same, the Deputy Director of Education has passed Exhibit P9 W.P.(C). No.17363/11 -:2:- order. 4. The learned Government Pleader submitted that there was an appellate order in favour of the 5th respondent which was taken into consideration by the Deputy Director of Education. It is mentioned that both the petitioner and the 5th respondent entered in continuous service on 1.6.1989. Later, the prior service of the 5th respondent from 19.7.1988 has been approved based on an appellate order. Accordingly, the 5th respondent has been treated as senior to him. The learned counsel for the petitioner submitted that the petitioner has raised an objection to the seniority list. Evidently, as on today, the seniority position reflected in Exhibit P8 has not been modified. In the light of the above, prima facie, Exhibit P9 cannot be faulted. But it is open to the petitioner to raise challenge against the seniority list or against Exhibit P9 before the appropriate authority, if it is permissible under law. Leaving open the said remedy, the Writ Petition is disposed of. T.R. RAMACHANDRAN NAIR, JUDGE. dsn