IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16755 of 2011(T) -------------------------- PETITIONER: --------------- RANJANA.M., D/O. KELU, AGED 50 YEARS, HIGH SCHOOL ASSISTANT(MATHEMATICS), GOVERNMENT HIGH SCHOOL, KADIRUR, KANNUR DISTRICT, RESIDING AT 'SHEETHAL', PALAYAD.P.O., THALASSERY-670661. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. SHAMEEM RAHAMAN.K., GOVERNMENT HIGH SCHOOL, THIRUVANGAD, KANNUR DISTRICT. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.16755/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF RELEVANT PAGE OF ORDER NO.D5/6464/2011/DPI DATED 16.6.11 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF DISCHARGE SUMMARY DT.11.5.10 ISSUED FROM MALABAR INSTITUTE OF MEDICAL SCIENCES, CALICUT. EXT.P3: TRUE COPY OF NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DT.19.6.11. EXT.P4: TRUE COPY OF NEWS ITEM APPEARED IN DESABHIMANI DAILY DT.19.6.11. EXT.P5: TRUE COPY OF REPRESENTATION DT.20.6.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.16755 Of 2011-T -------------------------------------------------- DATED THIS THE 22nd DAY OF JUNE, 2011 J U D G M E N T The petitioner who is continuing as High School Assistant (Mathematics) in the Government High School, Kadirur, seeks for a direction to the Government to consider and pass orders on Exhibit P5 wherein the complaint is that the petitioner has been appointed as a Headmistress in Thrissur District, even though vacancies were available in Kannur District. The 3rd respondent is posted in the Government High School, Azhikode, Kannur by the very same order passed by the Director of Public Instruction, Exhibit P1. 2. It is pointed out in the Writ Petition that both the petitioner and the 3rd respondent were promoted by Exhibit P1 order and 3rd respondent is junior to the petitioner in the seniority list. The petitioner is rank No.73A and the 3rd respondent is rank No.682 in the seniority list. Therefore it is pointed out that according to the seniority, the petitioner is entitled for a posting in the Kannur District in the place of the 3rd respondent. 3. It is also pointed out that the petitioner's husband is undergoing treatment as he is a heart patient and the petitioner cannot therefore manage the affairs of the house if she joins in the W.P.(C)No.16755/11 -2- new post in Thrissur District. 4. Seeking for appropriate direction in the matter, the petitioner has filed Exhibit P5 representation before the 1st respondent-Government. There will be a direction to the 1st respondent to take a decision on Exhibit P5 representation after hearing the petitioner and the 3rd respondent and any other affected parties within a period of three months from the date of receipt of a copy of this judgment. The learned counsel for the petitioner submitted that in the meanwhile the petitioner will temporarily relinquish her promotion and the she may be allowed to continue in the very same school now she is working. 5. If the petitioner submits an application relinquishing the temporary promotion, the same will be acted upon and the petitioner will be allowed to continue in the very same school awaiting the order to be passed on the representation, Exhibit P5. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn