IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18416 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. P.CHAMIYAR,S/O.PALLIYAN,AGED 50 YEARS, HIGHER SECONDARY SCHOOL TEACHER(ECONOMICS), GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, ALATHUR,PALAKKAD DISTRICT. 2. P.KRISHNAN,HIGHER SECONDARY SCHOOL TEACHER(SOCIOLOGY),GOVERNMENT HIGHER SECONDARY SCHOOL,PAZHAYANNUR,THRISSUR DISTRICT. 3. V.C.JAYARAJAN,HIGHER SECONDARY SCHOOL TEACHER,GOVERNMENT HIGHER SECONDARY SCHOOL, PUNKUNNAM,THRISSUR-2. 4. C.VIJAYALAKSHMI,HIGHER SECONDARY SCHOOL TEACHER(MALAYALAM),GOVERNMENT HIGHER SECONDARY SCHOOL,CHAVAKKAD,THRISSUR DISTRICT. 5. T.K.KUNHIRAMAN,HIGHER SECONDARY SCHOOL TEACHER(SOCIOLOGY)GOVERNMENT HIGHER SECONDARY SCHOOL,UDINOOR,KASARAGOD-671 349. 6. P.SASI MOHANAN,HIGHER SECONDARY SCHOOL TEACHER(MALAYALAM),GOVERNMENT HIGHER SECONDARY SCHOOL,RAMANTHALI,KANNUR DISTRICT. 7. R.BRAHMASUTHAN,HIGHER SECONDARY SCHOOL TEACHER(HISTORY)GOVERNMENT HIGHER SECONDARY SCHOOL,ANVOOR,THIRUVANANTHAPURAM. 8. K.G.MOHANAN,HIGHER SECONDARY SCHOOL TEACHER(HISTORY),GOVERNMENT MODEL HIGHER SECONDARY SCHOOL,NADAVARAMBA,THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDINGS,SANTHI NAGAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 18416 of 2010 B ``````````````````````````````````````````````````````` Dated this the 14th day of June, 2010 J U D G M E N T The petitioners are presently working as Higher Secondary School Teachers in various subjects. They were originally appointed as High School Assistants in the concerned subjects. While continuing as High School Assistants, they were promoted to the post of Higher Secondary School Teachers. However, their probation is yet to be declared in the cadre of H.S.S.T. According to them, since they are not regularised and confirmed in the post of H.S.S.T., their lien is retained in the cadre of H.S.A. and they are entitled and eligible to be considered for promotion to the post of Headmaster/Assistant Educational Officer. The petitioners contend that even after their promotion to the post of H.S.S.T., their names continued to figure in the seniority list of HSAs as is obvious from Ext.P11. In the meanwhile, some of the juniors to the petitioners in the cadre of H.S.A. were promoted to the post of Headmaster/ Assistant WPC.18416/2010 : 2 : Educational Officer as per Ext.P1. Aggrieved by Ext.P1, the petitioners have preferred Exts.P2 to P9 appeals before the first respondent. The main contention of the petitioners is that in the light of the decisions of this Court reported in Balakrishnan Nair Vs. Ram Mohan Nair [1998 (1) KLT 766 (FB)] and Ali Vs. State of Kerala [2003 (2) KLT 922 (SC)], they are entitled to be considered for promotion to the post of Headmaster/ Assistant Educational Officer. It is their specific case that Ext.P12 Government Order was passed only on 07-04-2010 and their claims are against the vacancies that occurred on 01-04-2010. In short, according to them, Ext.P12 cannot take away their right to be considered for promotion against the vacancies. In Exts.P2 to P9 appeals, the petitioners have incorporated all the aforesaid contentions. Since the said appeals are pending before the first respondent, I do not propose to look into the merits of the contentions raised by the petitioners at this stage and accordingly, this writ petition is disposed of with a direction to the first respondent to consider Exts.P2 to P9 appeals, expeditiously, at any rate, within a period of three months from the date of receipt WPC.18416/2010 : 3 : of a copy of this judgment, in the light of the decisions of this Court reported in Balakrishnan Nair Vs. Ram Mohan Nair [1998 (1) KLT 766 (FB)] and Ali Vs. State of Kerala [2003 (2) KLT 922 (SC)]. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge