IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 32405 of 2011(A) -------------------------- PETITIONER(S): --------------- JASMINE GONSALVEZ, HIGHER SECONDARY SCHOOL TEACHER, HOLY GHOST HIGHER SECONDARY SCHOOL, THOTTAKKATTUKARA, ALUVA RESIDING AT VILLA MARIA, NEAR POPULAR INDUSTRIES, EDAPPALLY. BY ADV. SRI.BENNY GERVACIS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. THE MANAGER, SAINT XAVIER'S COLLEGE FOR WOMEN, ALUVA. 5. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY G.P. SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 23-7-96 ISSUED BY THE 4TH RESPONDENT. EXT.P-2 TRUE COPY OF THE APPROVAL ORDER DATED 24-3-98 ISSUED BY THE 3RD RESPONDENT. EXT.P-3 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.114/2002/H.EDN DATED 5-9-2002 EXT.P-4 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.148/02/H.EDN ORDER DATED 31-10-2002. EXT.P-5 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.75/2009/H.EDN DATED 1-7-2009. EXT.P-6 TRUE COPY OF THE GOVERNMENT ORDER G.O(MS) NO.401/2010/H.EDN DATED 18-12-2010 EXT.P-7 TRUE COPY OF THE NOTIFICATION IN THE MALAYALA MANORAMA DAILY DATED 20-7-2011 EXT.P-8 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT. EXT.P-9 TRUE COPY OF THE PETITION BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P-10 TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DATED 19-10-2011. RESPONDENTS' EXHIBITS NIL //TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32405 of 2011-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December, 2011. JUDGMENT The petitioner is working as a Higher Secondary School Teacher in an aided school. Earlier she was working as a Junior Lecturer in the fourth respondent's college from 23.7.1996 for teaching Pre-degree students. Ext.P1 is the copy of the said appointment order. The petitioner has pointed out that the appointment has been duly approved as per Ext.P2. Due to the abolition of Pre-degree from colleges, the petitioner had to discontinue her service as Junior Lecturer. She was deployed by the fourth respondent, to the Holy Ghost Higher Secondary School under the same Management, on 13.10.2010 and is continuing as such. 2. The relief sought for by the petitioner in this writ petition is for a direction to the Government to grant approval of her appointment to be effected by the fourth respondent's college against the post of Lecturer in English. It is prayed that the benefits granted to teachers of Government Higher Secondary Schools as per Ext.P6 may be extended to the teachers like the petitioner also. 3. Ext.P8 is the representation filed by the petitioner seeking for WPC.32405/2011 2 such a relief before the Government. Ext.P9 shows that the Principal as sought for concurrence in the matter. It is clear from Ext.P10 communication from the Government to the Director of Collegiate Education that the Government has forwarded the representation to the Director for appropriate action. Learned counsel for the petitioner submitted that in view of the urgency of situation, there may be a direction to respondents 1 and 2 to take appropriate action in the matter. 4. In view of the above circumstances, there will be a direction to respondents 1 and 2 to finalise the action on Ext.P8 representation after considering various aspects including Ext.P6 order granting exemption to similar teachers, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/