IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 19563 of 2008(D) -------------------------- PETITIONERS: ------------- 1. K. PREMAKUMAR, HSST (GEOGRAPHY), GHSS PATHIRIPALA, NAGRANIPURAM.P.O, PALAKKAD. 2. MURUKAN.K, HSST (GEOGRAPHY), GHSS PEECHI, THRISSUR DT. 3. NALINAKUMARI.V, HSST (GEOGRAPHY), GHSS FOR GIRLS, ERNAKULAM KOCHI. 4. R. USHA NANDINI, HSST (GEOGRAPHY), GOVT. HSS THOTTADA, THOTTADA.P.O, KANNUR-7. 5. MARYKUTTY.V.Y, HSST (PHYSICS), GHS SCHOOL, KOTTARAKKARA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY G.P. SHRI T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19563 of 2008 D -------------------------------------- Dated this the 7th day of July, 2008. J U D G M E N T The petitioners are working as Higher Secondary School Teachers (Senior) in various Higher Secondary Schools. They were appointed as Higher Secondary School Teachers during 1990-1991 and 1991-1992, through the Employment Exchange, as per Ext.P1 series posting orders. The details of provisional service of the petitioners as Higher Secondary School Teachers are shown in paragraph No.3 of the Writ Petition. Subsequently the petitioners were regularly appointed as High School Assistants(Geography) on being advised by the Kerala Public Service Commission. They joined service as High School Assistants. The details of their service as High School Assistants or P.D.Teacher are stated in paragraph No.4 of the Writ Petition. 2. Subsequently the petitioners were appointed by transfer as Higher Secondary School Teachers as per the Special Rules against 25% quota fixed for by-transfer appointment. The grievance of the petitioners is that their provisional service on the basis of Ext.P1 series posting orders is not reckoned for the purpose of seniority. It is stated in the Writ Petition that against the seniority list the petitioners have filed objections. It is also stated in the Writ Petition that the persons who are also appointed provisionally as Higher WP(C) No.19563/2008 2 Secondary School Teachers during 1990-1991 on the basis of G.O.(Ms) No.138/90/G.Edn. Dated 27.6.1990, were regularised in service, as per Ext.P3 Government Order dated 5.3.2001 and Ext.P4 Government Order dated 14.3.2001. In Ext.P4 Government Order dated 14.3.2001, it is clarified by the Government that the eleven Higher Secondary School Teachers appointed through Employment Exchange during 1990-1991 as per G.O.(Ms) No.138/90/G.Edn. Dated 27.6.1990 and continuing in service during the last eleven years will be regularised in service from the date of their initial appointment. The contention of the petitioners is that their service is also to be regularised and their service on posting as Higher Secondary School Teachers, as per Ext.P1 series posting orders is liable to be reckoned for the purpose of seniority. It is also stated in the Writ Petition that as per Ext.P2 order dated 20.12.2005, in the case of one R.Sivadasan, the Director of Higher Secondary Education has ordered to reckon the Employment Exchange service of the said Sivadasan for the purpose of counting 12 years teaching experience. Petitioners submitted that they are also entitled to the same benefit which was given to Shri R.Sivadasan as per Ext.P2 order. 3. Pointing out the grievances, the petitioners have made Exts.P9 to P13 representations to the first respondent. They are pending disposal before the first respondent. 4. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.19563/2008 3 “i) to issue a writ of mandamus directing the respondents to reckon the provisional service rendered by the petitioners as HSST for the purpose of seniority to be taken into account for giving promotion as Principal; ii) to declare that the petitioners are entitled to count the provisional service rendered by them as shown in para 3 of the writ petition for the purpose of seniority and also for the purpose of promotion to the post of Principal in various Government Higher Secondary Schools in Kerala State; In the alternative; ii(a) to declare that the petitioners also are entitled to get the benefit given to Sri.R.Sivadasan referred in Ext.P2; iii) to issue a writ of mandamus directing the respondents 1 and 2 to take a decision Ext.P9 to P13 representations before effecting promotion to the post of Principal; WP(C) No.19563/2008 4 iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.” 5. The learned counsel for the petitioners submits that for the time being the petitioners would be satisfied if relief No.(iii) is granted. The learned Government Pleader submits that the first respondent will dispose of Exts.P9 to P13 representations expeditiously. It is submitted by the petitioners that if their provisional service as per Ext.P1 series posting orders is reckoned for the purpose of seniority or for counting 12 years teaching experience, they would be entitled to be promoted as Principal. They seek a speedy disposal of the representations so that they would not lose the chance of being promoted as Principal. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- (i) The first respondent shall dispose of Exts.P9 to P13 representations filed by the petitioners, after affording an opportunity of being heard to them, as expeditiously as possible, and at any rate within a period of three months. WP(C) No.19563/2008 5 (ii) Any promotion of the Principal made in the meanwhile shall be subject to the result of the disposal of Exts.P9 to P13 representations by the Government. (iii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. K.T. SANKARAN, JUDGE. cks