IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 28487 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------ RAMANY.A., HSST (JR.)BOTANY, G.H.S.S., KODUNGALLUR. BY ADV. MR.GEORGE MECHERIL RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVT.GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, TRIVANDRUM. 3. SMT.SAJINA.K.A., HSST, H.G.S.S., BEKAL, KASARAGOD DISTRICT. 4. ANIL LOVESON, HSST (JR)BOTANY, GGHSS, MATTANCHERRY. R1 & R2 BY SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28487of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2009. JUDGMENT The petitioner is working as Higher Secondary School Teacher (Junior) Botany in Govt. Girls Higher Secondary School, Kodungallur. She was promoted to the said post as per Ext.P1 order dated 23.7.2005 by transfer from H.S.A. She joined as H.S.A. on 30.6.1995. According to the petitioner, she was fully qualified for appointment by transfer as HSST (Junior) in March, 2002. The second respondent published a notification on 14.10.2003 inviting application from qualified departmental teachers for appointment as HSST/HSST (Jr) by transfer on state-wise. Ext.P2 is the copy of the said notification. The petitioner had applied for appointment as per the said notification. 2. A seniority list was published on 28.10.2004 and 31.7.2002 was fixed as the cut off date for ascertaining the vacancies that arose before and during the academic year 2003. Those who were fully qualified and were in service as on 31.7.2002 have been included in list ‘A’ prepared for appointments in vacancies that arose prior to 31.7.2002. Those who were fully qualified and were in service as on 14.10.2003 were included in list wpc 28487/2009 2 ‘B’ prepared for appointment in vacancies that arose between 1.8.2002 and 14.10.2003. The petitioner was included in the select list ‘A’ prepared for appointment. Ext.P3 is the relevant portion of the said list wherein she is placed as serial No.2. 78 persons were included in list ‘A’, but nobody was appointed from the said list. It is the case of the petitioner that so many vacancies were available in 2002, 2003 and 2004 also. She was promoted only in 2005. 3. The main relief sought for in the writ petition is to quash Ext.P5 and for a declaration that the petitioner is senior to the two candidates advised on 4.5.2005 and 12.7.2005 for the post of HSST (Jr) Botany who are placed as serial numbers 1 to 85 in Ext.P5 seniority list of HSST (Jr) under the respondent. The further prayer is for a direction to the second respondent to recast Ext.P5 seniority list of HSST (Jr) and place the petitioner in the appropriate place in the seniority list without further delay. 4. Ext.P8 is the representation submitted by the petitioner in this regard before the first respondent. Learned Govt. Pleader on instructions, submitted that the said representation may be directed to be disposed of with notice to all the affected parties also. 5. Therefore, there will be a direction to the first respondent to take a decision on Ext.P8 after hearing the petitioner and other affected parties, wpc 28487/2009 3 within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/