IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1956 of 2011(T) ------------------------------------- PETITIONER: ------------------- J.ALPHONSA, UPSA, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.P.N.MOHANAN, SMT.I.VINAYAKUMARI. RESPONDENTS: ------------------------ 1. SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. DISTRICT EDUCATION OFFICER, NEYYATTINKARA, PIN – 695 121. 3. AJITHA KUMARI, UPSA, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 001. 4. O.N. JUDY, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 001. 5. THE MANAGER, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 001. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1956 of 2011-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011. JUDGMENT The petitioner prays for a direction to the Government to take a decision on Ext.P9 revision petition filed under Rule 92 of Chapter XIV-A K.E.R. 2. The dispute that is pending before the Government in a nutshell, relates to the seniority of the petitioner over the third respondent. 3. Learned Govt. Pleader submitted that in the judgment in W.P.(C) No.28839/2010 filed by one Shri Biju, directions have been issued to take a decision after hearing all parties concerned. 4. The petitioner was initially appointed in a leave vacancy of one Mr. M.P. Balakrishnan, as U.P.S.A. from 9.10.1995 to 12.12.1995. It is stated that since the approval of the said appointment was delayed, the petitioner approached this Court by filing O.P. No.18913/1997 which was disposed of by this Court as per Ext.P2 judgment. It is pointed out that she is a Rule 51-A claimant. Again she was appointed in a substantive vacancy as per Ext.P3 and later she was promoted as H.S.A. (Maths). The said appointment was also approved as per Ext.P4. With regard to the wpc 1956/2011 2 particulars of the third respondent, it is pointed out that initially she was appointed as UPSA along with the petitioner as UPSA and it was approved as per Ext.P5 order. She was promoted as H.S.A. (Maths) on 15.6.2000 which was also approved as per Ext.P6. The contention raised by the petitioner is that when the third respondent was given promotion considering her age, the earlier spell of service of the petitioner was not approved. It is pointed out that in the light of the approved service of the petitioner from 9.10.1995 to 12.12.1995, the petitioner is senior in the cadre of UPSA. This is a matter for the Government to take a decision after hearing all the parties. 5. Therefore, there will be a direction to the Government to take a decision on Ext.P9 after hearing the petitioner and other affected parties including the management, within a period of three months from the date of receipt of a copy of this judgment, along with the matters directed to be disposed of by the judgment in W.P.(C) No.28839/2010. The writ petition is disposed of as above. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Government for compliance. No costs. (T.R. Ramachandran Nair, Judge.) wpc 1956/2011 3 kav/