IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3650 of 2009(H) PETITIONER: SHERLY VARGHESE ,AGED 44 YEARS, W/O. VARGHESE, HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM) S.C.H.S.S.CHELLACKADU,RANNI, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR HIGHER SECONDARY EDUCATION, HOUSING BOARD SHANTI NAGAR, THIRUVANANTHAPURAM. 3. THE MANAGER S.C. HIGHER SECONDARY SCHOOL, CHELLACKADU, RANNI,PATHANAMTHITTA. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3650 OF 2009 H ------------------------------------------------------ Dated this the 4th February, 2009 JUDGMENT The petitioner is working as Higher Secondary School Teacher (Malayalam) in S.C.Higher Secondary School, Chellackadu, Ranni. She was originally appointed as High School Assistant. The School was upgraded as Higher Secondary School. A vacancy of Higher Secondary School Teacher (Malayalam) arose on 15.7.2002. The case of the petitioner is that she was entitled to be promoted to that post. It would appear that one Jaya C.Mathew was appointed as HSST (Malayalam). The Regional Deputy Director approved the appointment of the petitioner as HSST (Malayalam) only with effect from 15.7.2005, on the ground that a retirement vacancy arose on 30.3.2005 on the retirement of Aleyamma Chacko. The petitioner submitted a representation to the Director of Higher Secondary Education. Her case is that she was entitled to be promoted on 15.7.2002 in the 25% quota of HSAs by transfer. Since no action was being taken on the representation submitted by the petitioner, she was constrained to file W.P.(C) NO.33887 of 2007, which was disposed of as per Ext.P1 judgment dated 16.11.2007. The Director of Higher Secondary Education was directed to consider the representation submitted by the petitioner within a time frame. Thereafter, the Director W.P.(C) NO.3650 OF 2009 H :: 2 :: passed Ext.P2 order dated 4.1.2008, taking the view that the appointment of the petitioner as HSST (Malayalam) could be approved only with effect from 15.7.2005. Challenging Ext.P2, the petitioner filed Ext.P3 representation dated 10.1.2008 before the Government, wherein it is pointed out that as per the Government letter dated 4.3.2004, the Government had taken the view that the appointment of Jaya C.Mathew was irregular. The said Government letter is produced as Ext.P4. Ext.P3 representation is pending disposal before the first respondent. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Exhibit P3 on its merits within a time frame to be fixed by this Honourable Court; ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to grant promotion with effect from 15.7.2002 to the petitioner in view of Exhibit P4 Government order; iii) grant such other relief.” 3. Learned counsel for the petitioner submits that the petitioner confines the relief to relief (i) for the time being, reserving her right to pursue the other reliefs at the appropriate stage. Learned Government Pleader submits that Ext.P3 representation would be disposed of by the first respondent without delay. W.P.(C) NO.3650 OF 2009 H :: 3 :: For the aforesaid reasons, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P3 representation dated 10.1.2008 submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Manager, Jaya C. Mathew and any other party whose interests are likely to be affected.. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/