IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 12182 of 2011(W) -------------------------- PETITIONER(S): --------------- 1. ANUPAMA.V.J, PRIMARY DEPARTMENTAL TEACHER, BV UP SCHOOL, KEEZHATTINGAL (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT KATHARAM, MARATHANVILAKOM, VAKKOM (PO), PIN-695 308. 2. SHEENA.S, PRIMARY DEPARTMENTAL TEACHER, GOVT.HIGH SCHOOL, NAGAROOR, NEDUMPARAMBU (PO), VIA ALAMCODE, THIRUVANANTHAPURAM DISTRICT, RESIDING AT: EDAYILAZHIKATHU VEEDU, NEDUMPARAMBU (PO), VIA ALAMCODE, THIRUVANANTHAPURAM-695 3. SONIYA.S, PRIMARY DEPARTMENTAL TEACHER, GOVERNMENT LOWER PRIMARY SCHOOL, ARIVIPURAM, MITHURMALA (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT: `THIRUVONAM', MITHURMALA (PO), THIRUVANANTHAPURAM- 695 610. 4. RENY.A.A., PRIMARY DEPARTMENTAL TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, KAZHAKUTTOM (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT: BLOSSOM COTTAGE, TC/02/2387, NEAR YCS HOSTEL, ATTILKUZHY,KAZHAKUTTOM(PO),THIRUVANANTHAPURAM,PIN 5. SASIKALA DEVI.V, TRAINER, BASIC RESOURCE CENTRE, NEYATTINKARA, THIRUVANANTHAPURAM DISTRICT, RESIDING AT: SRIMANDIRAM, VADACODE, THOZHUKKAL, NEYYATTINKARA (PO), THIRUVANANTHAPURAM DISTRICT, PIN-695 121. 6. MEGHA M.KURIAN, PRIMARY DEPARTMENTAL TEACHER, GOVT. UP SCHOOL, KUSVAKAL, MUKKOLAKKAN (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT: CHALUNGAL, DEVI GARDENS-4, GURU NAGAR, MANNAMTHALA, THIRUVANANTHAPURAM DISTRICT-15. W.P.(C)No.12182/11 2 7. THARA BHAI.G.V, PRIMARY DEPARTMENTAL TEACHER, GOVERNMENT UPPER PRIMARY SCHOOL, PALVILA, CHIRAYINEEZHU (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT: `AISWARYAM', NEAR PADANILAM LOWER PRIMARY SCHOOL, PADANILAM, CHIRAYINKEEZHU (P). 8. CHANDRASEKHARAN.R., PRIMARY DEPARTMENTAL TEACHER, GOVERNMENT LOWER PRIMARY GIRLS SCHOOL, VENPAKAL (PO), BALARAMAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, RESIDING AT: ERUVAILAKOM,ERUVAYIKONAM, MULLUVILLA(PO),NEYATTINKARA,THIRUVANANTHAPURAM DT. 9. BINDHU.R, PRIMARY DEPARTMENTAL TEACHER, GOVT.HARIJAN WELFARE LOWER PRIMARY SCHOOL, DEVAPURAM, KULATHOOR, UCHAKADA (PO), THIRUVANANTHAPURAM DISTRICT, RESIDING AT: SREENIKETHAN, APARTVILA, KANZHIRAKULAM (PO), THIRUVANANTHAPURAM DISTRICT. 10. BINDHU.V.S, PRIMARY DEPARTMENTAL TEACHER, GOVT. UPPER PRIMARY SCHOOL, SASTHAMTHALA, NEYATTINKARA, THIRUVANANTHAPURAM DISTRICT. RESIDING AT: PRASEETHA, THIRUPURAM, KANKAMPAZHANKI (PO), VOOPAR, NEYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR (EDUCATION), THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001. 5. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL – 695 001. 6. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA -695 121. 7. THE DISTRICT EDUCATIONAL OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 TO R6 ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C)12182/2011 PETITIONERS' EXTS. EXT.P1 TRUE COPY OF THE JUDGMENT DATED 25.3.2001 IN S.L.P. NO. 9901/2000. EXT.P2 TRUE COPY OF THE G.O.(RT)NO.1803/2008/G.EDN DATED 11.4.2008. EXT.P3 TRUE COPY OF THE REPRESENTATION ON 9.6.2008 BEFORE THIRD RESPONDENT FILED BY 1ST PETITIONER. EXT.P3(a) TRUE COPY OF THE REPRESENTATION DT. 7.3.2011 FILED BY 1ST PETITIONER. EXT.P4 TRUE COPY OF THE REPRESENTATION BEFORE THE THIRD RESPONDENT DURING JUNE, 2008 FILED BY 3RD PETITIONER. EXT.P5 TRUE COPY OF THE REPRESENTATION DT. 31.1.2011, FILED BY THE 4TH PETITIONER BEFORE THIRD PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION BEFORE 3RD RESPONDENT ON 12.1.2011 FILED BY 5TH PETITIONER. EXT.P7 TRUE COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT ON 8.3.2011 FILED BY 6TH PETITIONER. EXT.P8 TRUE COPY OF THE REPRESENTATION BEFORE 3RD RESPONDENT ON 3.3.2011 FILED BY 7TH PETITIONER. EXT.P9 TRUE COPY OF THE REPRESENTATION BEFORE THIRD RESPONDENT FILED BY 9TH PETITIONER. EXT.P10 TRUE COPY OF THE REPRESENTATION DT.18.10.2010 BEFORE R3. lgk //TRUE COPY// T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.12182 Of 2011-W -------------------------------------------------- DATED THIS THE 22nd DAY OF JUNE, 2011 J U D G M E N T The grievance of the petitioners is that in spite of the judgment of the Apex Court, Exhibit P1 and an order passed by the Government as per Exhibit P2, the request of the petitioners for granting notional date of appointment from an earlier date is not being considered by the Government. 2. All the petitioners are Primary Departmental Teachers in Thiruvananthapuram District. The respective dates of appointment of the petitioners are detailed in paragraph No.1 of the Writ Petition. 3. It is pointed out that even though selection was made by the Public Service Commission, certain candidates moved Writ Petitions before this Court raising disputes regarding acceptance of applications of B.Ed.degree holders without Teachers Training Course(TTC) qualification to compete in the selection process. The Writ Petitions were allowed and ultimately the matter reached the Apex Court and the Apex Court upheld the view of W.P.(C)No.12182/11 -2- the learned Single Judge and accordingly B.Ed.Degree holders were excluded. As a result of the same, many of the TTC holders obtained higher ranks and appointments were made in 2004. 4. It is the case of the petitioners that the delay in making the appointment from 1997 to 2004 was not due to any fault on their part. Exhibit P2 is an order passed in favour of one Smt.Sudhamany and others by the Government wherein they have been given the benefit of notional appointment from an earlier date. 5. In these circumstances, the petitioners also filed Exhibits P3 to P10 representations and as there occurred delay in considering the same, this Writ Petition has been filed. The petitioners seek for a declaration that they are entitled for earlier notional dates dates of appointment as Primary Departmental Teacher in view of Exhibit P1 judgment of the Apex Court and on the basis of Exhibit P2 Government order. 6. Respondents have not filed any counter affidavit. Evidently, the Government is yet to take a decision in the matter. Therefore, it is only proper that the representations are W.P.(C)No.12182/11 -3- considered within a time frame. 7. There will be a direction to the Government to consider Exhibits P3 to P10 representations in the light of Exhibits P1 and P2, after hearing the petitioners within a period of five months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn