IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WA.No. 759 of 2008() -------------------- AGAINST THE ORDER IN WPC.305/2008 Dated 26/03/2008 .................... APPELLANT: RESPONDENTS IN WP(C): -------------------------------- 1. STATE OF KERALA TO BE REP.BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI K.SANDESH RAJA RESPONDENTS: PETITIONER IN THE WP(C): ------------------------------------- N.K. AJITHA, PLACED PRINCIPAL, G.H.S.S., VILLADAM, RAMAVARMAPURAM, P.O. THRISSUR, PIN-680 631 (W/O. P.S. UNNIKRISHNAN, AGED 54, PINDIYATH HOUSE, THANIKKUDAM, KURICHIKKARA P.O., THRISSUR, PIN-680 028). BY ADV.SHRI K.S.MADHUSOODANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR AND P.N.RAVINDRAN, JJ. --------------------------------------------------------------- W.A.No.759 OF 2008 ----------------------------------------------------- DATED THIS THE 31st DAY OF MARCH, 2008 J U D G M E N T Balakrishnan Nair, J. The appellants, who are respondents in the writ petition, have filed this appeal challenging the interim order passed by the learned Single Judge on 26.3.2008 directing to promote the writ petitioner, the respondent herein, provisionally to the post of Principal under Rule 31(a)(1) of the KS & SSR before 31.3.2008. The appellants submit, there are several seniors of her who are not yet promoted as Principal. None of the juniors of her has been promoted. Therefore the direction to promote her under Rule 31(a)(1) of the KS & SSR is unjustified, it is submitted. 2. The learned counsel for the respondent/writ petitioner submitted that she is retiring from service today. Though there are about 1255 vacancies of Principal as on 6.1.2006, so far the Government have not undertaken the promotion exercise by holding the DPC for considering the claims of the incumbents in the feeder category. If the said exercise was undertaken, the W.A.NO.759/08 -2- petitioner would have been promoted as Principal long ago. Now she has to retire without promotion, it is submitted. It is also pointed out that the respondent has filed Exhibit P7 representation claiming the relief of holding the DPC within a time frame. But the Government have not taken any action. 3. We feel that the direction to promote the petitioner provisionally is unjustified. If such a direction is issued in her favour, all her seniors are entitled to get such directions and practically this Court will be managing the promotions to the post of Principal hereafter in the Department of Higher Secondary Education. This Court can at best only direct the competent authority to consider the claim of the writ petitioner for promotion and not order to promote her. 4. In view of the above position, the order under appeal is set aside. But the appellants are directed to convene the DPC and to consider the claims of the writ petitioner and others in the feeder category for promotion to the post of Principal, Government Higher Secondary School, within two months from the date of production of a copy of this judgment. If the writ petitioner is found eligible for promotion with effect from a date prior to her date of superannuation W.A.NO.759/08 -3- in terms of Rule 60(c) of Part I KSR, she shall be promoted as Principal with retrospective effect and granted all consequential benefits. The writ appeal is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. dsn