IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10724 of 2008(B) -------------------------- PETITIONER: --------------- BABY P.J., H.S.A (PHYSICAL SCIENCE) D.G.H.S.S.TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 2. THE SENIOR SUPERINTENDENT, A4 SECTION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE HEADMASTER, D.G.H.S.S TANUR, TANUR, MALAPPURAM DISTRICT. 4. STATE OF KERALA-REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C) NO.10858 OF 2008 ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10724 of 2008 EXT.P1: COPY OF THE INTERIM ORDER DTD 10.8.1998 IN O.P.NO.15077/1998. EXT.P2: COPY OF THE ORDER DATED 31.8.1998 PROMOTING THE PETITIONER TO THE POST OF HSA. EXT.P3: COPY OF THE G.O. DATED 25.5.1999. EXT.P4: COPY OF THE JUDGMENT DATED 17.9.2004 IN O.P.NO.23380 OF 2001. EXT.P5: COPY OF THE FINAL RANK LIST OF P.D. TEACHERS FOR PROMOTION AS HSA(PHYSICAL SCIENCE) 2007-08. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P6(a): COPY OF THE FORWARDING LETTER OF THE HEADMASTER DATED 22.2.2008. EXT.P7: COPY OF THE ORDER DTD 11.3.2008 ORDERING REVERSION OF THE PETITIONER TO THE POST OF P.D. TEACHER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)Nos. 10724 OF 2008 & 10858 of 2008 ---------------------------------------- Dated this the 1st day of April, 2008 JUDGMENT In these two writ petitions, the petitioners are P.D. Teachers temporarily promoted as HSAs (Physical Science). They have approached this Court when they were sought to be reverted to the post of P.D. Teachers. The petitioners' contention is that going by the cadre strength of HSA (Physical Science) and going by the quota prescribed for appointment by promotion, there are vacancies, which have to be earmarked for filling up by promotion from P.D. Teachers and therefore, before considering the claim of the petitioners for promotion they shall not be reverted. In W.P.(C) No.10724/08 the petitioner has filed Ext.P6 representation in this regard. 2. I have heard the learned Government Pleader also. I am of opinion that before the petitioners are reverted, their claim for regular promotion should be considered and decided. In the above circumstances, these two writ petitions are disposed of W.P.(c)Nos.10724/08 & 10858/08 2 with the following directions. In W.P.(C) No.10858/08, the petitioner shall file a suitable representation as done by the petitioner in W.P.(C) No.10724/08 within two weeks from today. The Government of Kerala shall consider Ext.P6 in W.P.(C) No.10724/08 and the representation to be filed by the petitioner in W.P.(C) No.10858/08 and pass appropriate orders thereon within a period of three months from the date of receipt of a copy of this judgment. Till orders are so passed, the petitioners shall not be reverted. The question as to whether they shall be reverted or not, shall be decided in accordance with the order to be passed by the Government as directed above. S. SIRI JAGAN, JUDGE Acd W.P.(c)Nos.10724/08 & 10858/08 3