IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 26972 of 2010(V) PETITIONER: --------------- SUSAN D'PIOUS,HIGH SCHOOL ASSISTANT, ST.MARY'S HSS,VIZHIJAM,THIRUVANANTHAPURAM, RESIDING AT "SUN VIEW",NEAR KINFRA, THUMBA ST.XAVIER'S .P.O,THIRUVANANTHAPURAM. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION,GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001. 3. DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001. 4. CORPORATE MANAGER,R C SCHOOLS, VELLAYAMBALAM,OFFICE OF THE CORPORATE MANAGER, RC SCHOOL,ARCHBISHOP'S HOUSE,VELLAYAMBALAM, THIRUVANANTHAPURAM-695 002. 5. LEEJA FERNANDEZ,H.S.A, ST.JOSEPH'S HSS ANGENJO, THIRUVANANTHAPURAM-695 002. R1 TO R3 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 26972 OF 2010 V ------------------------------------------------------ Dated this the 8th day of October, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to respondents 4 and 5, since no decision is being rendered against the interests of respondents 4 and 5. 2. The case of the petitioner is the following: The petitioner was originally appointed as UPSA on 9.6.1997 at St.Michael High School,Kadinumkulam, of which, the fourth respondent is the Manager. That appointment was approved. The petitioner was promoted as High School Assistant with effect from 1.9.2004, for a period upto 14.7.2009 in a leave vacancy, which was approved as per Ext.P4 issued by the District Educational Officer, Thiruvananthapuram. Thereafter, the petitioner was reverted as UPSA with effect from 14.7.2009. At that time, a regular vacancy of H.S.A.(Hindi) was available under the same management. According to the petitioner, she should have been appointed in that post, but the Manager appointed the fifth respondent, Leeja W.P.(C) NO.26972 OF 2010 :: 2 :: Fernandez. The petitioner put forward her grievance before the Manager and the Manager appointed her as H.S.A.(Hindi) by Ext.P5 appointment order dated 21.6.2010. The question of approval of this appointment is pending disposal before the educational officer concerned. 3. The petitioner contends that at the time of reversion of the petitioner, a vacancy was available for retention of the petitioner as H.S.A., but ignoring the same, the Manager retained the fifth respondent, Leeja Fernandez. It is also alleged that reversion of the petitioner was illegal and she was entitled to continue as H.S.A. Though the petitioner was subsequently promoted as H.S.A., she did not get continuity of service as H.S.A. from 15.7.2009 to 21.6.2010. Pointing out this grievance, the petitioner submitted representations dated 3.6.2010 and 11.6.2010 to the District Educational Officer, Thiruvananthapuram and the District Educational Officer, Attingal respectively. It is also stated that since the schools under the managership of the fifth respondent come under the jurisdiction of different educational officers, the petitioner submitted Ext.P6 representation dated 17.7.2010 to the Deputy Director of Education, Thiruvananthapuram. Ext.P6 is not yet disposed of. W.P.(C) NO.26972 OF 2010 :: 3 :: 4. The reliefs prayed for in the Writ Petition are the following: “(i) declare that the reversion of the petitioner to the post of UPSA w.e.f. 15.07.2009 is illegal and that the petitioner is entitled for continuity of appointment in the post of H.S.A. w.e.f.15.07.2009 to 21.06.2010, (ii) issue appropriate direction directing the respondents to grant all service benefits to the petitioner in the post of H.S.A. for the period from 15.07.2009 to 21.06.2010, (iii) declare that petitioner is entitled for seniority and other service benefits on notional basis in the post of H.S.A. w.e.f. the date of promotion of petitioner's juniors in the grade of UPSA and issue appropriate directions to the 2nd respondent to grant the consequential benefits, (iv) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case, (v) issue appropriate directions to the 2nd respondent to consider and pass orders in Ext.P6 representation.” W.P.(C) NO.26972 OF 2010 :: 4 :: 5. The learned counsel for the petitioner submitted that, for the time being, it would be sufficient, if the Deputy Director of Education is directed to consider and dispose of Ext.P6 representation. 6. A statement is filed by the Senior Superintendent in the office of the Deputy Director of Education, which shows that Ext.P6 representation was received by the Deputy Director of Education on 17.7.2010. In that representation, mention was made about the representations given by the petitioner to the District Educational Officers and, therefore, the Deputy Director of Education has forwarded Ext.P6 representation to the District Educational Officer, Thiruvananthapuram to take necessary action. 7. It is submitted by the learned counsel for the petitioner that it would be ideal if Ext.P6 representation is disposed of by the Deputy Director of Education since different Schools come under the jurisdiction of different educational officers. W.P.(C) NO.26972 OF 2010 :: 5 :: In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The District Educational Officer, Thiruvananthapuram shall forward to the Deputy Director of Education, Thiruvananthapuram Ext.P6 representation dated 17.7.2010 submitted by the petitioner and which was later forwarded by the Deputy Director of Education to the District Educational Officer. b) The Deputy Director of Education shall consider and dispose of Ext.P6 representation, 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 of being heard to the petitioner, respondents 4 and 5 and any other affected party. (c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director or Education. W.P.(C) NO.26972 OF 2010 :: 6 :: (d) The petitioner shall send a copy of the Writ Petition and true copy of the judgment to respondents 4 and 5 by registered post and she shall produce proof of the same before the Deputy Director of Education. (K.T.SANKARAN) Judge ahz/