IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29320 of 2011(L) -------------------------- PETITIONERS: --------------- 1. R. PRASANNAKUMARA PILLAI,AGED 52 YEARS, S/O.P.RAVEENDRAN NAIR,SR.LECTURER(DIET) ON DEPUTATION AS STATE PROGRAMME OFFICER,SARVA SIKSHA ABHIYAN STATE OFFICE, TRIVANDRUM.(DEPUTATION PERIOD IS OVER.HE HAS REPORTED BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION & IS WAITING FOR POSTING ORDERS) 2. E.P. MOHANDAS,S/O.P.VASUDEVAN NAIR,AGED 54,SR. LECTURER(DIET) AS DEPUTATION AS DISTRICT PROJECT OFFICER SARVA SIKSHA ABHIYAN,WAYANAD (DEPUTATION PERIOD IS OVER,HE HAS REPORTED BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION AND IS WAITING FOR POSTING ORDERS). BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29320/11 PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PROCEEDINGS ORDER NO.D3/103715/92 OF THE 2ND RESPONDENT DT.19.2.94 EXT.P2 TRUE COPY OF THE ORDER NO. D6/43559/DPI OF THE 2ND RESPONDENT ALONG WITH SENIORITY LIST DT.25.11.2006. EXT.P3 TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER DT.3.8.11. EXT.P4 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER DT.10.10.11. RESPONDENTS' EXHIBITS; NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29320 of 2011 -------------------------------------------------- DATED THIS THE 3RD DAY OF NOVEMBER, 2011 J U D G M E N T The prayer in the Writ Petition is for a direction to the respondents to grant promotion to the petitioners as Principals in the District Institute of Education and Training (DIET). Both the petitioners are working as Senior Lecturers in the DIET since 1994. While working as such, the 1st petitioner was sent for deputation as District Project Officer, Sarva Siksha Abhiyan, Wynad and the 2nd petitioner as State Programme Officer, Trivandrum. It is pointed out that after the deputation period was over, both of them have reported for duty before the Director of Public Instruction for getting posting orders. It is averred in paragraph No.4 of the Writ Petition that there are three vacancies of Principals in DIET available from 1.4.2011. The petitioners are Sl.Nos.68 and 71 in the seniority list. Accordingly, it is pointed out that they are eligible for promotion. Seeking for appropriate action in the matter, the 2nd petitioner has approached the Government by filing Exhibits P3 and P4 W.P.(C)No.29320/11 -2- representations. 2. It is upto the Government to take a decision on the filling up of the post of Principals in accordance with the relevant Rules and executive orders and seniority list, if any, in that regard. Appropriate decision will be taken with regard to the filling up of the post of Principals by promotion and the same will be communicated to the petitioners within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE). dsn