IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20183 of 2011(W) --------------------------------- PETITIONER: -------------- PATHUMMA K.C., H.S.A.(PHYSICAL SCIENCE), G.H.S.S., POOKKOTTUR, MALAPPURAM DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676505. 2. THE HEADMASTER, G.H.S.S., POOKKOTTUR-676517, MALAPPURAM DISTRICT. 3. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20183/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER AS P.D. TEACHER DTD. 31.5.93. EXT. P2 : COPY OF REPLY FURNISHED BY District Educational Officer, TIRUR. EXT. P3 : COPY OF JUDGMENT IN O.P.No.8060/2002. EXT. P4 : COPY OF PROVISIONAL SENIORITY LIST OF QUALIFIED P.D.TEACHERS FOR PROMOTION AS H.S.A (PHYSICAL SCIENCE) AS ON 1.4.01. EXT. P5 : COPY OF ORDER No.1/28928/03 DTD. 29.12.04 ISSUED BY R1 PROMOTING THE PETITIONER AND OTHERS TO THE POST OF H.S.A (PHYSICAL SCIENCE) BASED ON SENIORITY. EXT. P6 : COPY OF ORDER No.A2/34553/2008 DTD. 25.2.09. EXT. P7 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R1. EXT. P8 : COPY OF RELEVANT PAGES OF AUDIT OBJECTION RAISED IN RESPECT OF PETITIONER BY R1. EXT. P9 : COPY OF RELEVANT PAGES OF COMMUNICATION ISSUED BY R1 TO R2 DTD. 18.11.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20183 OF 2011 --------------------------------------- Dated this the 25th day of July, 2011. J U D G M E N T The petitioner seeks for a direction to the 1st respondent to consider and pass orders on Ext.P7 wherein the petitioner has sought for assigning the date 15.07.1997 as the date of promotion of the petitioner to the post of H.S.A (Physical Science) in the school. Further prayer made is not to implement Exts.P8 and P9 audit objections in the meanwhile. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The petitioner was a P.D.Teacher from 07.06.1993 and the advice is dated 19.05.1993. Ext.P1 is the copy of the appointment order. The Departmental teachers are entitled to get promotion to the post of High School Assistant (Physical Science) under the 10% quota earmarked for them. The petitioner acquired B.Sc (Physics) in the year 1992 and B.Ed in 1997 and accordingly she became eligible to be appointed as W.P.(C) No.20183/2011 2 H.S.A (Physical Science) in 1997 based on the cadre strength. 4. The petitioner has stated in paragraph 4 of the writ petition the details of the strength of teachers in Malappuram District and finally contends that 40 promotions ought to have been made from the cadre of P.D. Teachers in the year 1997-98. Ext.P2 is relied on in that context. The petitioner was included as Sl.No.5 in the provisional seniority list of qualified P.D.Teachers for promotion as H.S.A (Physical Science) as on 01.04.2001. It is averred that the petitioner's junior one Smt.Geetha N.R who is Sl.No.24 in the provisional seniority list has been given temporary promotion to the post of H.S.A (Physical Science) as per order No.A1/28664/98 dated 24.10.1998. 5. It is pointed out that even though the petitioner was eligible and entitled to get promotion to the post of H.S.A (Physical Science) in the year 1997, the same was not granted. Promotion was granted to the petitioner as per order dated 29.12.2004 with effect from that date. It is in that context, the petitioner has filed Ext.P7 representation. Exts.P8 and P9 are communications regarding audit objection in connection with the W.P.(C) No.20183/2011 3 pay revision of the year 2004. The objection is with regard to the opted date. 6. It is submitted by the learned counsel for the petitioner that if the petitioner's request in Ext.P7 finds in her favour, there will not be any difficulty to accept the option submitted. In that view of the matter, there will be a direction to the Deputy Director of Education namely, 1st respondent herein to take a decision on Ext.P7 representation, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, Exts.P8 and P9 to the extent to which it affects the petitioner will not be implemented. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp