IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 19725 of 2008(W) -------------------------- PETITIONER: ------------ PRABHAMANI K.K., AGED 43 YEARS, W/O CLEMENTS, HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY), GOVERNMENT HIGHER SECONDARY SCHOOL, KONGORPILLY, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------- 1. STATE OF KERALA , REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, OFFICE OF THE HIGHER SECONDRY EDUCATION, SANTHINAGAR, THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19725 of 2008 W -------------------------------------- Dated this the 14th day of July, 2008. J U D G M E N T The petitioner is working as Higher Secondary School Teacher in Government Higher Secondary School, Kongorpilly. She joined service as High School Assistant on 18.8.1993. Thereafter the petitioner was transferred to Government High School, Mannancherry in June, 1995 and Government Higher Secondary School, Kalavoor and again to Government Higher Secondary School, Kottayam. The petitioner had approached this Court in O.P.No.16707/1997, challenging the transfer to Kottayam. It would appear that an interim order of stay was passed and on the basis of the interim order, it is stated that, she worked in Government Higher Secondary School, Kalavoor. O.P.No.16707/1997 was disposed of as per Ext.P1 judgment dated 11.11.1997, wherein the challenge made by the petitioner was not accepted. However, in the judgment it was made clear as follows:- “............It is made clear that there will be no break in the service of the petitioner. With these observations the Original Petition is disposed of.” WP(C) No.19725/2008 2 2. It is further stated that as per Ext.P2 judgment dated 18.12.1999 in O.P.No.32257/1999, Ext.P1 judgment was directed to be complied with and as per Ext.P3 order dated 18.12.2000 the service of the petitioner was regularised for the period from 22.9.1997 to 16.2.1998 as duty for all purposes except for pay and allowances since the petitioner had no leave at her credit. The grievance of the petitioner is that the Director of Higher Secondary Education has not taken any step so far to regularise the service of the petitioner in spite of Ext.P3 order dated 18.12.2000, passed for seven years ago. The petitioner apprehends that that may affect her prospects for promotion as Principal. Ext.P4 is the proforma for declaration of probation. It was forwarded along with Ext.P5 covering letter dated 11.2.2008. Petitioner sent Ext.P6 representation dated 8.2.2008 to the second respondent, the Director of Higher Secondary Education. Ext.P6 is also not disposed of. 3. The reliefs prayed for in the Writ Petition are the following:- “a) Issue a writ of Mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to consider Exhibit P4 proforma and declare the probation of the petitioner in the light of Exhibit P1 to P3 orders within a time limit and consider the petitioner for promotion to the post of Principal of Government Higher Secondary Schools in the State. WP(C) No.19725/2008 3 b) Issue a writ of Mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to pass orders on Exhibit P6 representation considering Exhibit P1 to P4 orders within a time limit to be stipulated by this Hon'ble Court. c) Issue such other writ, order or direction as this Hon'ble Court deems fit and proper to grant in the circumstances of the case.” 4. The learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the second respondent to consider Exts.P4 and P6 and pass appropriate orders after hearing the petitioner. The learned Government Pleader submitted that the second respondent will dispose of Exts.P4 and P6 within a reasonable time. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The second respondent, the Director of Higher Secondary Education, shall dispose of Ext.P4 and Ext.P6 representations as expeditiously as possible, and at any rate within a period of one month from the date of receipt of a copy of the judgment. Petitioner waives the right to be heard in person. WP(C) No.19725/2008 4 (ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the second respondent. (iii) The petitioner would also be entitled to produce such other materials and documents which are relevant and also make a representation showing all the relevant details. K.T. SANKARAN, JUDGE. cks