IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 37147 of 2010(P) ----------------------------------- PETITIONER(S): ------------------------- KAVITHA T., A.T.G.H.S., MONCOMPU, ALAPPUZHA DISTRICT. BY ADV. SRI.P.SANKARANKUTTY NAIR SMT.K.V.RESHMI RESPONDENT(S): ------------------------ DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-668001. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.37147 Of 2010 ----------------------------------------------------- DATED THIS THE 7th DAY OF JANUARY, 2011 J U D G M E N T Essentially, the petitioner claims a similar treatment to that of the petitioners in W.P.(C)No.17097/2010, which was disposed of by Exhibit P5 judgment. 2. The petitioner is a Primary Departmental Teacher in Malayalam in Alappuzha District who was advised on 6.11.2002. He was appointed as LPS/UPS Assistant in Malayalam in ATGHS, Moncompu and is continuing in the same School. The petitioner claims appointment as HSA in the light of the fact that he acquired B.Ed. qualification in the year 2007. Even though he was not initially included in the seniority list of PD teachers qualified for promotion to the post of HSA Malayalam, after accepting the contentions in his representation, finally by Exhibit P2 order dated 5.10.2009, he has been included as Sl.No.2(a). 3. The petitioner has given various details regarding facts as well as the circumstances leading to the judgment Exhibit P5. It is pointed out that the respondent is not willing to fill up the vacancy by promoting him in the vacancy earmarked by way of W.P.(C)No.37147/10 -2- inter district transfer or by transfer. It is in these circumstances that the petitioner relies upon the judgment Exhibit P5. In Exhibit P5 judgment, the petitioners therein are also persons included in the seniority list as rank Nos.13 to 15, that is; below the petitioner. Going by the narration of facts proved, it can be seen that persons upto 12 were already promoted to the post of HSA Malayalam. 4. This Court noticed the contention by the learned Government Pleader that no candidate is available in the quota set apart for inter-district transfer. Finally, this court disposed of the matter as follows: “The petitioners shall submit an undertaking before the appointing authority that they will not make any claim for continuance in the promoted post as and when persons under the inter district quota are posted against the said posts. In case the petitioners submit such an undertaking, the appointing authority shall consider the claim of the petitioners for promotion under the 3rd proviso to Rule 27(a) of Part II of the KS & SSR W.P.(C)No.37147/10 -3- within a period of six weeks from the date of submission of such an undertaking.” 5. The learned counsel for the petitioner therefore submitted that the very same direction can be issued in this case also. 6. The learned Government Pleader on instructions submitted that at present there are eight vacancies out of which two are reserved for inter-district transfer by way of compassionate appointment and the remaining six are available for inter-district transfer. It is further submitted that after Exhibit P5 judgment was rendered, the matter is being examined. 7. In that view of the matter, the claim of the petitioner also will be examined and the petitioner is also entitled for similar directions. 8. The petitioner also will submit an undertaking before the appointing authority that he will not make any claim for continuance in the promoted post as and when the persons under the inter district quota are posted against the said posts. In case such an undertaking is submitted, the appointing authority shall consider the claim of the petitioner for promotion under the 3rd W.P.(C)No.37147/10 -4- proviso to Rule 27(a) of Part II KS & SSR while considering the claim of the petitioners in Exhibit P5 judgment expeditiously. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE). dsn