IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 8037 of 2009(Y) ------------------------------- PETITIONER: -------------- P.SHYNA, W/O. P.V.SOORAJ, AGED 27 YEARS, HIGHER SECONDARY SCHOOL TEACHER, S.N.TRUSTS HIGHER SECONDARY SCHOOL, THOTTADA P.O., THOTTADA, KANNUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, PARAPPIL, KOZHIKODE DISTRICT. 4. THE MANAGER, S.N.TRUSTS SCHOOLS, KOLLAM. 5. THE PRINCIPAL, S.N.TRUSTS HIGHER SECONDARY SCHOOL, P.O.THOTTADA, KANNUR DISTRICT. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.8037 of 2009-Y ------------------------------ Dated this the 6th day of April, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner was appointed as HSST (Junior) in Computer Science in S.N.Trust Higher Secondary School, Chelannur with effect from 26.7.2004. That appointment was approved and salary was being paid. The petitioner was thereafter transferred and posted as HSST (Computer Science) with effect from 2.6.2008 in S.N.Trust Higher Secondary School, Thottada, against the vacancy of Smt.Neetha, who was working as HSST (Computer Science) in S.N. Trust Higher Secondary School, Thottada and was transferred to Chengannur. Ext.P4 discloses that the appointment of Smt.Neetha as HSST (Computer Science) in S.N.Trust Higher Secondary School, Thottada, has been approved. The grievance voiced by the petitioner is that her transfer and posting as HSST (Computer Science) with effect from 2.6.2008 in S.N.Trust Higher Secondary School, Thottada, has not so far been approved. W.P(C) No.8037 of 2009-Y 2 3. The petitioner submits that by Ext.P1 order passed on 17.2.2007 by the Regional Deputy Director of Higher Secondary Education, Kozhikode, the post of HSST (Junior) in Computer Science sanctioned initially in the year 2004-05 was upgraded to the post of HSST (Computer Science) during the academic year 2005-06 and 2006- 07 and that seeking approval of the petitioner's appointment as HSST (Computer Science) instead of HSST (Junior) in Computer Science and also revocation of petitioner's transfer from Chelannur to Thottada, the Manager has filed Ext.P3 revision petition before the Director of Higher Secondary Education and that claiming similar reliefs the petitioner has filed Ext.P6 representation before the Director of Higher Secondary Education. The petitioner submits that in view of the delay on the part of the official respondents to approve her transfer and posting as HSST (Computer Science) in S.N.Trust Higher Secondary School, Thottada she has been denied salary and allowances with effect from 2.6.2008. The petitioner also submits that she is entitled to be appointed as HSST (Computer Science) with effect from 15.7.2005. 4. The pleadings and the materials on record disclose that the post of HSST (Junior) in Computer Science sanctioned in S.N Trust Higher Secondary School, Chelannur was upgraded as HSST (Computer Science) in the academic year 2005-06 and 2006-07. The pleadings also disclose W.P(C) No.8037 of 2009-Y 3 that the petitioner was transferred and posted as HSST in Computer Science in S.N.Trust Higher Secondary School, Thottada, with effect from 2.6.2008 and that in view of the non-approval of the said transfer, she has not been paid salary and allowances from that date. The question whether the petitioner can claim approval of appointment as HSST (Computer Science) in view of the staff fixation orders and also have her appointment as HSST (Computer Science) in S.N.Trust Higher Secondary School, Thottada, approved with effect from 2.6.2008, are all matters for the Director of Higher Secondary Education to decide atleast in the first instance. The academic year 2008-09 has come to an end. For the past nine months, the petitioner has not been paid salary and allowances. In these circumstances, I dispose of this writ petition with a direction to the Director of Higher Secondary Education to consider the request made by the manager in Ext.P3 revision petition and the petitioner in Ext.P6 representation and pass orders thereon after affording the petitioner and the Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//