IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WA.No. 2472 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.22969/2003 Dated 23/10/2008 .................... APPELLANT(S): PETITIONERS ------------------------- 1. NARAYANAN PAROL, H.S.S.T(HINDI), G.H.S.S.CHERUKUNNU, P.O.CHERUKUNNU, KANNUR DIST. 2. PRABHARAKAN T, H.S.S.T (HINDI),GOVT. H.S.S.,PALLIKKUNU KANNUR DIST. 3. MANIKANDHAN N,H.S.S.(HINDI),G.H.S.S.FOR BOYS MADAYI, P.O.PAYANGADI,KNUNU, 4. VENUGOPALAN K, H.S.S.T(HINDI), A.V.G.H.S.S.KARIVELLUR, P.O.KARIVELLUR, KANNUR DISTRICT. 5. SUDHEER BABU P.K, H.S.S.T(HINDI), A.K.G.M.G.H.S.S,PINARAYI P.O.PINARAYIL, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, THIRUVANATHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ---------------------------------------------- W.A. No.2472 of 2008 ---------------------------------------------- Dated 5th January, 2009. J U D G M E N T Kurian Joseph, J. The surviving grievance of the appellants/petitioners is only with regard to their seniority in the post of Higher Secondary School Teacher (Senior-Hindi). According to them, they are entitled to have their appointments approved with effect from 28.6.2003. Learned Senior Government Pleader submits that the appellants could not have been appointed as on that date since there were no vacancies. However, according to the learned counsel appearing for the appellants, sufficient vacancies were available as on that date, and the appellants are prepared to establish their case before the Government, given a liberty to approach the Government, dehors the observations/findings in the judgment. The writ appeal is hence disposed of without prejudice to the liberty to the appellants to approach the Government to work out their surviving grievance with regard to their seniority. Learned Government Pleader submits that in case the appellants approach the Government, the matter will be considered expeditiously. In case the appellants request for an WA NO.2472/08 2 opportunity for hearing, the same shall also be given. KURIAN JOSEPH, JUDGE. C.K.ABDUL REHIM, JUDGE. tgs KURIAN JOSEPH & C.K.ABDUL REHIM, JJ ---------------------------------------------- W.A. No.2472 of 2008 ---------------------------------------------- J U D G M E N T Dated 5th January, 2009.