IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 15402 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------ 1. PRAKASH.B., HSST (JUNIOR) IN (COMMERCE), GHSS VELLAMANAL, MAYYANAD, KOLLAD DISTRICT. 2. BAIJU.M., HSST (JUNIOR) IN COMMERCE, GHSS KOYIKKAL, KOLLAM DISTRICT. 3. ANIL KUMAR.G., HSST (JUNIOR) IN COMMERCE, GHSS, VELLAMANAL, MAYYANAD, KOLLAM DISTRICT. 4. SHEEBA SATHYAN, HSST (JUNIOR) IN COMMERCE, GHSS KADAPPAKKADA, KOLLAM DISTRICT. 5. REHANA.M., HSST (JUNIOR) IN COMMERCE, GHSS WEST KOLLAM, KOLLAM DISTRICT. 6. RITHA.C., HSST (JUNIOR) IN COMMERCE, GHSS PERINAD, KOLLAM DISTRICT. 7. R.VINODKUMAR, HSST (JUNIOR) IN COMMERCE, GHSS KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15402/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.ADB3-15670/05/C DATED 3/8/2005 OF 2ND RESPONDENT. P2 COPY OF THE ORDER NO.B3-19694/07/HSE DATED 30/4/2009 ISSUED TO 1ST PETITIONER. P2(A) COPY OF THE ORDER NO.B3-19694/07/HSE DATED 30/4/09 ISSUED TO 3RD PETITIONER. P2(B) COPY OF THE ORDER NO.B3-19694/07/HSE DATED 30/4/09 ISSUED TO 4TH PETITIONER. P2(C) COPY OF THE ORDER NO.B3-19694/07/HSE DATED 30/4/09 ISSUED TO 5TH PETITIONER. P2(D) COPY OF THE ORDER NO.B-3-19694/07/HSE DATED 30/4/09 ISSUED TO 7TH PETITIONER. P3 COPY OF THE G.O.(MS)NO.160/08/G. EDN DATED 15/9/2008. P4 COPY OF THE LIST CONTAINING SUBJECTWISE VACANCIES OF HSST. P5 COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF HSST (JRS) PUBLISHED AS PER PROCEEDINGS DATED 13/4/09. P6 COPY OF THE REPRESENTATION DATED 14/4/09 OF 1ST PETITIONER. P6(A) COPY OF THE REPRESENTATION DATED 14/4/09 OF 1ST PETITIONER. P6(B) COPY OF THE REPRESENTATION DATED 14/4/09 OF 2ND PETITIONER. P6(C) COPY OF THE REPRESENTATION DATED 14/4/09 OF 3RD PETITIONER. P6(D) COPY OF THE REPRESENTATION DATED 7/4/09 OF 4TH PETITIONER. P6(E) COPY OF THE REPRESENTATION DATED 7/4/09 OF 5TH PETITIONER. P6(F) COPY OF THE REPRESENTATION DATED 14/4/09 OF 6TH PETITIONER. P7 COPY OF THE NEWS ITEM APPEARED IN MATHRUBHOMI DAILY DATED 26/5/09. P8 COPY OF THE RELEVANT PORTION OF THE SELECT LIST DATED 22/12/2009 OF HSST JUNIORS. P9 COPY OF THE ORDER NO.AD B3/2112/HSE/2010 DATED 29/6/2010 OF 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15402 OF 2009 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioners have been working as HSST (Junior) in Commerce in various Government schools. They approached this Court seeking to grant a declaration that they are entitled to be appointed as HSST in Commerce with effect from the date of completion of probation as HSST (Junior) in Commerce and that they are entitled to be promoted in the vacancies of HSST Commerce at least on a provisional basis in accordance with seniority. The petitioners claim that they were entitled for promotion from 15.09.2008, the date on which Exhibit P3 order was passed. 2. The 2nd respondent has filed a statement and an affidavit. The petitioners have filed a reply affidavit also. Along with I.A.No.3347/2011, the petitioners have produced Exhibit P9, an order passed by the Director of Higher Secondary Education dated 29.06.2010 whereby HSST Juniors including the petitioners W.P.(C) No.15402/2009 2 have been appointed on regular basis by transfer as HSST Commerce. This was ordered in the light of the select list Exhibit P8. 3. Learned counsel for the petitioners submitted that the petitioners had a claim for appointment at least from the date of Exhibit P3 Government Order and therefore, a direction may be issued to consider their claim accordingly. If the petitioners file appropriate representations along with a copy of this judgment before the Director of Higher Secondary Education within a period of one month, the said claim will be considered in terms of the various orders passed by the Government and the vacancies which existed and on the basis of the seniority of the petitioners in the seniority list. Appropriate orders will be passed in accordance with law, after hearing the petitioners, within a further period of five months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp