IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16365 of 2008(W) -------------------------- PETITIONER: ------------------ K.P. RADHA, AGED 54 , W/O K.K. GOPALAKRISHNAPILLAI, H.S.A.(MATHS), G.V.H.S.S., MANGAYIL, MARADU, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED ADV. SRI.K.E.HAMZA RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, 3. T.P. SYAMA, H.S.A., GOVT. GIRLS H.S.S., GOVT. GIRLS H.S.S.,TRIPUNITHURA, ERNAKULAM DISTRICT. 4. THE PRINCIPAL, G.V.H.S.S., MANGAYIL, MARADU, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P(C) No. 16365 OF 2008 ............................................................................ Dated this the 3rd June, 2008 J U D G M E N T The petitioner is working as HSA (Maths) in the Government Vocational Higher Secondary School, Mangaiyil, Maradu, Ernakulam district. 2. The Director of Public Instructions, as per the proceedings dated 15.03.2006 published a provisional seniority list of HSA as on 31.12.1982. In the ranked list, the rank of the petitioner is shown as 257 and that of the third respondent is shown as 1742. The seniority list was finalised by the Director of Public Instructions as per the order dated 22.09.2006. It is stated that in the final seniority list, the rank of the petitioner is 284. On the basis of the seniority list, the petitioner was promoted as Headmistress and posted at the G.H.S., Kadayiruppu, Ernakulam as per Ext.P1 order dated 29.05.2007. However, the final seniority list was revised as per Ext.P2 order dated 23.01.2008 passed by the 2nd respondent. It is submitted that Ext.P2 order was passed without affording an opportunity of being heard to the petitioner. Challenging Ext.P2 order, the petitioner has filed Ext. P3 appeal dated 25.03.2008 before the 1st respondent. Ext.P3 appeal is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “a) Issue a writ of certiorari or other appropriate writ order or direction calling for the records leading to issuance of Ext. P2 and quash the same. b) Declare that promotion of the petitioner as H.M. as per Ext.P1 is legal and valid. W.P(C) No. 16365 OF 2008 2 c) Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent Principal to relieve the petitioner from service to join as Headmistress. d) Direct the 1st respondent to effectively consider and pass appropriate orders upon Ext.P3 after affording an opportunity of being heard to the petitioner within a time limit. e) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. 4. Learned counsel for the petitioner submitted that reliefs (a) to (c) are not pressed for the time being and that only relief (d) is pressed. 5. Heard learned Government Pleader. In the manner in which I propose to dispose of this Writ Petition, I do not think that it is necessary to issue notice to respondent Nos. 3 and 4. Learned Government Pleader has taken notice for respondent Nos. 1 and 2. 6. Since Ext.P3 appeal is pending against Ext.P2 order, the petitioner is not entitled to the reliefs (a) to (c) for the time being. However, it is necessary to decide Ext. P3 appeal by the Government . Learned Government Pleader submitted that the Government will dispose of Ext.P3 appeal expeditiously. The Writ Petition is disposed of directing the first respondent to dispose of Ext. P3 appeal, as expeditiously as possible, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner and all the affected parties. The petitioner shall send a copy of this judgment by registered post to W.P(C) No. 16365 OF 2008 3 respondent Nos. 3 and 4 and shall produce proof of the same before the 1st respondent before consideration of Ext. P3 appeal. K.T. SANKARAN, JUDGE. lk