IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 2115 of 2009(B) ------------------------------------- PETITIONER(S): ---------------------- K.A. ABDUL RASHEED, ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA, RESIDING AT KOTTAYIPARAMBIL HOUSE, MATHILAKAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. A.A. VALSALA, HEADMISTRESS, M.R.M GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, SANTHIPURAM, KODUNGALLUR. R1& R2 BY SR.GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2115/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 02/01/2006. EXT.P2: COPY OF THE LETTER DATED 24/01/2006 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 26/07/2008. EXT.P4: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 30/09/2008. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE SENIORITY LIST PUBLISHED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2115 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009. JUDGMENT The petitioner herein was initially appointed as HSA and is presently functioning as Asst. Educational Officer. He was promoted as Headmaster based on his seniority, as per order dated 19.11.2005. The further promotion is to the post of District Educational Officer. The petitioner was serial No. 67 in the seniority list prepared by the first respondent in the cadre of H.S.A. The third respondent who is junior to the petitioner, is ranked as 618 in the said seniority list. Even though the petitioner was eligible to be promoted as Headmaster on 29.7.2005, there occurred some delay in the matter and hence he has filed Ext.P1 representation which was duly forwarded by the Deputy Director of Education, as per Ext.P2. The provisional seniority list of Headmaster/AEO for the period from 3.6.2004 to 30.1.2007 was published thereafter. Therein, the petitioner is ranked as 145. But according to the petitioner, he is liable to be assigned a rank between serial No.99 and 100. Ext.P3 is the objection filed against the provisional seniority list. It is pointed out by the petitioner that by Ext.P4, it is informed that his seniority has been restored. It is further pointed out that wpc 2115/2009 2 in spite of the same, no further action is taken in the matter. Accordingly, the petitioner has filed Ext.P5 representation before the second respondent. Learned counsel for the petitioner submitted that the second respondent may be directed to take a decision on Ext.P5 after hearing the petitioner and third respondent or any other affected parties. 2. There will be a direction to the second respondent to take a decision on Ext.P5 after hearing the petitioner and the third respondent and any other affected parties, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/