IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 25292 of 2010(J) -------------------------- PETITIONER(S): ---------------------- REENA.C.THARAKAN, AGED 35 YEARS, W/O.PRAKASH K.THARIAN,RESIDING AT P.I.BUNGALOW, P.O.THRIKANNAMANGALAM, KOTTARAKKARA. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION(L) DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE CORPORATE MANAGER M.M.C.CORPORATE MANAGEMENT, P.O.DEVALOKAM, KOTTAYAM, PIN-686 038. 3. DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA.P.O., PIN-691 506. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.25292 of 2010 --------------------------------------------- Dated this the 23rd day of September, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think notice need be issued to the second and third respondents. Notice to respondents two and three is dispensed with. 2. The case of the petitioner is the following : She entered in service as UPSA under the M.M.C Corporate Management School, Devalokam, Kottayam on 11.12.2000 and continued till 13.2.2001 at St.Mary's U.P.School, Adoor. Later, she was appointed as HSA (Mathematics) with effect from 17.9.2001. That appointment was approved as per Ext.P1 order dated 23.10.2002. The petitioner continued as HSA (Mathematics) till 30.11.2001 and thus, she became a claimant under Rule 51A of Chapter XIV A KER. The petitioner was given appointment as UPSA for the period from 4.7.2002 to 9.12.2002 at St.George UPS, Cheruvakkal and that appointment was approved. The petitioner also worked as UPSA since 1.7.2003 at WPC 25292/2010 2 St.Mary's M M UPS, Adoor. Later, she was shifted to Mar Baselious UPS, Pulamon, Kottarakkara with effect from 1.8.2006. It is stated that the salary for the period from 1.8.2006 to 30.6.2009 was disbursed. However, the salary of the petitioner was withheld from 1.7.2009 onwards on the ground that the salary of her seniors were not released. As per Ext.P2 order dated 13.7.2010, the petitioner was transferred to St. George VHSS, Chowalloor. A vacancy of HSA (Mathematics) arose at St. Gregorious HSS, Kottarakkara on 1.4.2010. According to the petitioner, there are three UP School Assistants including the petitioner entitled to be promoted under Rule 43 and Rule 51A of Chapter XIV A of KER against that vacancy of HSA (Mathematics). It is also alleged that the two other teachers relinquished their claims as per Exts.P3 and P4. 3. The grievance of the petitioner is that though she is the only person entitled to be promoted, she was not given due promotion by the management. She submitted Ext.P7 representation dated 4.8.2010 to the first respondent and it is pending consideration. The petitioner also submitted Exts.P5 WPC 25292/2010 3 and P6 representations to the Manager. Pointing out her grievance, the petitioner also submitted Ext.P8 representation dated 11th August, 2010 to the District Educational Officer, the Deputy Director of Education and the Director of Public Instruction. 4. For the time being, the only relief which the petitioner seeks is for a direction to the District Educational Officer, Kottarakkara to dispose of Ext.P8 representation expeditiously. The petitioner reserves her contentions, to be taken at the appropriate stage. 5. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (a) The District Educational Officer, Kottarakkara shall consider and dispose of Ext.P8 representation dated 11th August, 2010 submitted by the petitioner, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity WPC 25292/2010 4 of being heard to the petitioner, respondents 2 and 3 and any other affected party. (b) The petitioner shall produce a copy of the Writ Petition, a copy of the I.A.No.11749 of 2010 and the certified copy of the judgment before the District Educational Officer. (c) The petitioner shall send a copy of the Writ Petition, copy of I.A.No.11749 of 2010 and a copy of the judgment to respondents 2 and 3 by registered post and shall produce proof of the same before the District Educational Officer. K.T.SANKARAN, JUDGE csl