IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 5312 of 2009(H) ------------------------------------ PETITIONER(S): ------------------------- MARY GEORGE, D/O.GEORGE,MOONNANAL HOUSE THIRUMENI VILLAGE DESOM POST, THALIPARAMBU TALUK BY ADVS. MR.P.SANJAY SMT.A.PARVATHI MENON MR.BIJU MEENATTOOR MR.M.MUHAMMED SHAFI SMT.K.N.SINIMOL RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,THRISSUR. 3. ALAGAPPA NAGAR GRAMA PANCHAYAT, ALAGAPPA NAGAR REPRESENTED BY ITS SECRETARY. 4. DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT. BY ADVS. MR.ALEXANDER THOMAS, SC. R1 & R2 MR.V.M.KRISHNAKUMAR FOR R3 SMT.P.A.ANITHA FOR R3 BY GOVT. PLEADER SMT.T.B.RAMANI FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 5312/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST NO.412/08/SS DT. 31.12.08. P2:- COPY OF THE ADVICE MEMO DT. 21.1.09. P2(a):- COPY OF THE LETTER DT. 10.2.09 BY 3RD RESPONDENT. P3:- COPY OF THE REPRESENTATION DT. 12.2.09. P4:- COPY OF THE REPRESENTATION DT. 12.2.09. TRUE COPY P.S. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5312/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The petitioner is ranked two in the ranked list No.412/08/SS V, for the post of Physical Education Teacher (High School) Malayalam Medium in the Education Department, Thrissur District. The ranked list was published on 31/12/2008. The petitioner received an advice memo dated 05/02/2009 as per Ext.P2. On receipt of the said advice memo, she approached the school authority to join duty. But she was informed by the third respondent that the post of Physical Education Teacher in the school managed by the Panchayat has been abolished as per the staff fixation order No.B3/6486/2005 dated 29/07/2005 for the academic year 2005-06. This is produced as Ext.P2(a). The petitioner has got a grievance that already three persons who are lower in the ranked list have been appointed in different schools. She has filed Ext.P3 representation before the District Officer of the Public Service Commission, highlighting her grievances, to take appropriate urgent action in the matter. 2. Heard the learned counsel appearing for the petitioner, the learned counsel for the second respondent and the learned counsel for the W.P.(C). No.5312/2009 -:2:- third respondent Panchayat. The learned counsel for the Panchayat made available for perusal a letter dated 24/03/2009 of the District Officer, Public Service Commission, Thrissur, addressed to the Secretary of the Alagappa Nagar Grama Panchayat informing that the petitioner has been re-advised for appointment. It is also directed that immediately on the restoration of the post of Physical Education Teacher, the matter should be informed to the said office. In that view of the matter, there will be a direction to the third respondent to comply with the requisition made by the P.S.C as per their letter No.I(1)1692/04(2), dated 24/03/2009. The reply in the matter to the District Office of the P.S.C., and to the petitioner will be forwarded within two weeks of the date of receipt of a copy of this judgment. The petitioner has got a further claim that the seniority of the petitioner shall not be disturbed. That is a matter for respondent Nos.1,2 and 4 to consider in accordance with law at the appropriate time. If the petitioner has got any further grievances, she will have to approach the competent authority in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms