IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 27385 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------- SAJEENA BEEVI, P.D.TEACHER, GOVERNMENT U.P.SCHOOL, BEEMA PALLI, THIRUVANANTHAPURAM. BY ADV. MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ---------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. SABITHA, H.S.A., GOVERNMENT HIGHER SECONDARY SCHOOL, ELAMBA, ATTINGAL. 4. PRASEETHA B.R., H.S.A.(ENGLISH), GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, MALAYANKEEZHU. R1 & R2 BY GOVERNMENT PLEADER MR.SANDESH RAJA R3 BY ADV. MR.A.RAJASIMHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27385/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FINAL SENIORITY LIST OF P.D.TEACHERS ELIGIBLE FOR PROMOTION AS H.S.A.(ENGLISH) FOR THE YEAR 2008-2009. P1(A): COPY OF THE ORDER NO.A(1)14787/08 DTD. 19/08/2008 PROMOTING SL.NOS.1 AND 2 IN EXT.P1 AS H.S.A.(ENGLISH). P2: COPY OF THE ORDER NO.A1/14787/08 DTD. 31/01/2009 OF THE 2ND RESPONDENT PROMOTING SMT. S.K.JAYASREE, SL.NO.3 IN EXT.P1 AS H.S.A.(ENGLISH). P3: COPY OF THE ORDER NO.A1/14787/08 DTGD. 31/1/2009 OF THE 2ND RESPONDENT PROMOTING THE 3RD RESPONDENT AS H.S.A.(ENGLISH). P4: COPY OF THE FINAL SENIORITY LIST OF P.D.TEACHERS FOR 2007-2008. P5: COPY OF THE ORDER NO.A(1)/23097/07/DDE DTD. 18/10/2007 OF THE 2ND RESPONDENT. P6: COPY OF THE LETTER NO.H2/77406/07 DTD. 27/11/07. P7: COPY OF THE REPRESENTATION DTD. 20/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE OBJECTION DTD. 20/07/07. R3(B): COPY OF THE REPRESENTATION DTD. 15/11/07. R3(C): COPY OF THE REPLY DTD. 27/11/07. R3(D): COPY OF THE REPLY DTD. 18/12/08. R3(E): COPY OF THE REPORT DTD. 14/11/08. R3(F): COPY OF THE REPRESENTATION DTD. 12/02/09. R3(G): COPY OF THE COMPLAINT DTD. 19/10/09. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 27385 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 J U D G M E N T In respect of a dispute regarding the seniority between the respondents 3 and 4, the petitioner submitted Ext.P7 petition before the first respondent. Presently the petitioner would be satisfied with a direction to the first respondent to consider and pass orders on Ext.P7 expeditiously. The counsel for the 3rd respondent submits that the 3rd respondent also may be heard before passing orders. He points out that on an earlier occasion the notice posting the matter for hearing, was received by the 3rd respondent after the date fixed for the hearing. 2. I have heard the learned Government Pleader also. Having heard all the parties, I dispose of this writ petition with a direction to the first respondent to consider and pass orders on Ext.P7 as expeditiously as possible at any rate within two months from the date of receipt of a copy of this judgment , after affording an opportunity of being heard to the petitioner, WPC.27385 of 2009 : 2 : the 3rd and 4th respondents and all other teachers who may be adversely affected by any favourable order to the petitioner on Ext.P7. While considering Ext.P7 petition, the 3rd respondent shall consider and pass orders on Ext.R3(f) filed by the 3rd respondent also. I further direct the first respondent to ensure before taking up the matter for hearing that notices to all parties regarding the hearing are duly served. (S. SIRI JAGAN, JUDGE) jma //true copy// P. A. To Judge