IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 684 of 2011(I) ------------------------ PETITIONER(S): --------------- ABDUL RASHEED.P, AGED 52 YEARS, S/O.P. MOIDEEN HAJI, HEADMASTER, GOVERNMENT L.P SCHOOL, PERUMBALA, KSARKODE, NOW WORKING ON DEPUTATION AS HEADMASTER, J.D.T.H.S, MARIKUNNU.P.O, VELLIMADUKUNNU, KOZHIKODE -12. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): --------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTINAGAR, THIRUVANANTHAPURAM -1. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, ALONG WITH WPC NO. 706 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.684/2011-I & 706/2011-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of January, 2011 J U D G M E N T Both these writ petitions concern the challenge against the final seniority list published by the Director of Higher Secondary Education as per proceedings dated 21/12/2010. The petitioners in both the writ petitions are working as Headmasters in primary schools. As per the Special Rules for the Kerala Higher Secondary Education Subordinate Service, 2001, the posts of Higher Secondary School Teachers will be filled up by transfer from qualified Higher Secondary School Teachers (Junior) in the subject concerned on the basis of merit and ability. In their absence, 25% of vacancies of the posts will be filled up by transfer from HSAs in the General Education Subordinate Service who possess the requisite qualifications and in their absence from qualified U.P.S.As/L.P.S.As in the said service. Ext.P1 is the notification published by the Director of Higher Secondary Education dated 30/09/2008 in respect of W.P.(C). Nos.684/2011 & 706/2011 -:2:- H.S.S.T and H.S.S.T (Junior) 'by transfer' on state- wise basis in various subjects. 2. The petitioner in W.P.(C).No.684/2011 filed an application pursuant to Ext.P1 but his name was not included in the provisional seniority list. He submitted a request as per Ext.P4. Later, when a list was published on 25/11/2010 as revised provisional seniority list also, his name was not included. Thereafter, he moved various authorities. But while publishing Ext.P6 final seniority list his case was not considered. The petitioner has finally filed a statutory representation before the Government as per Ext.P8 by invoking Rule 27B of Part II of the Kerala State & Subordinate Services Rules, 1958. Seeking for a direction to the Government to consider and pass appropriate orders on Ext.P8, W.P.(C).No.684/2011 has been filed. 3. As regards the petitioner in W.P.(C). No.706/2011, his name also has not been included in spite of his representation and finally he has filed Ext.P4 statutory representation before the Government. W.P.(C). Nos.684/2011 & 706/2011 -:3:- 4. The learned Government Pleader on getting instructions submitted that at least three months time will be required for considering various objections to the final seniority list and to take appropriate decision by the Government. 5. Therefore, there will be a direction to the Government to take a decision on Ext.P8 in W.P.(C). No.684/2011 and Ext.P4 in W.P.(C).No.706/2011 after notice to the petitioners and other affected parties within a period of three months from the date of receipt of a copy of this Judgment. Any appointment in the meanwhile, based on the seniority list now published, will be subject to the outcome of the same. The petitioners will produce copy of the respective writ petitions along with a copy of the Judgment for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE