IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 2721 of 2010(M) ------------------------------------- PETITIONER(S): ------------------------ SIDHIMOL P.D., KOZHIPARAMBILL HOUSE, PAZHUVIL WEST P.O., THRISSUR DISTRICT 680564. BY ADV. SMT.P.V.ASHA SMT.VINEETHA B. RESPONDENT(S): ------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 3. VANDIPERIYAR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VANDI PERIYAR, IDUKKI DISTRICT 688533. R1 BY GOVT. PLEADER SRI.SANDESH RAJA R2 BY ADV. SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2721/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER NO.RID (3) 11260/07/GW DTD. 23.3.09. P2:- COPY OF THE DECLARATION SUBMITTED BY PETITIONER ON 2.4.09. P3:- COPY OF THE MEMO NO RID (3) 11260/07/GW DT. 6.10.09. P4:- COPY OF THE LETTER DT. 8.1.2010 OF THE PETITIONER. P5:- COPY OF THE ORDER NO.A1.2547/09 DTD. 4.3.2010 OF 3RD RESPONDENT. P6:- COPY OF THE LETTER DTD. 16.3.2010 OF THE PRINCIPAL. P7:- COPY OF THE REPRESENTATION DTD. 16.3.2010. P8:- COPY OF THE LETTER DTD. 23.3.2010 OF 2ND RESPONDENT. P9:- COPY OF THE LETTER DTD. 16.3.2010 OF THE PRINCIPAL. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2721 of 2010-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of June, 2010. Judgment The petitioner competed for selection to the category of HSST(Botany). She was included in the ranked list by the Public Service Commission. The Vandiperiyar Grama Panchayat reported a vacancy of HSST(Botany) in the Vandiperiyar Grama Panchayat Higher Secondary School. The petitioner was advised against that vacancy. It is stated that she was also appointed by the Grama Panchayat, however that the Principal did not permit her to join duty as HSST(Botany) on the ground that there was no vacancy of HSST(Botany) in that school and that there was only a vacancy of HSST(Junior). Such situation continuing, the Government, under a policy decision, brought the panchayat schools directly under the Government control. By reason of interim orders, there is a direction to keep one post of HSST(Botany) WPC2721/10 -: 2 :- vacant. But the fact of the matter remains that appointment to the post of HSST(Botany) is by transfer from the category of HSST(Junior) and it is stated that as of now, the total number of HSSTs(Junior) awaiting appointment by transfer is much in excess of the total number of vacancies actually available in the category of HSST (Botany). All that could be done in the situation in hand is for the third respondent Vandiperiyar Grama Panchayat to report to the PSC and the Government the fact that the petitioner, though shown to have been appointed, was actually not officiating and could be treated as discharged from service. If such situation occurs, the petitioner, if eligible to take shelter under the second proviso to Rule 7 of Part II K.S.& S.S.R., could aspire for such relief. For the aforesaid reasons, leaving open all the entitlements of the petitioner in accordance with law and for the PSC to consider her case in accordance with the rules, the third respondent WPC2721/10 -: 3 :- is hereby directed to report to the Government and the PSC in terms of what is stated above within three weeks from the date of receipt of a copy of this judgment. The petitioner will be at liberty to produce a copy of this judgment and make a representation in that regard to the third respondent for compliance. On such representation, approval of the petitioner's case shall be considered, including for accommodating her in the next occurring vacancy to be filled up by direct recruitment, if eligible to that in terms of Rule 7 Part II K.S.& S.S.R. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1406