IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 30488 of 2010(I) PETITIONER: M.V.MAYA, W/O.RATHENDRAN, AGED 43 YEARS, HIGH SCHOOL ASSISTANT (MALAYALAM), GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, PUTHENCHIRA, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR-680003. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT-680121. 5. THE HEADMASTER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, PUTHENCHIRA-680682, THRISSUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30488 OF 2010 I ------------------------------------------------------ Dated this the 18th day of October, 2010 JUDGMENT The petitioner was appointed as H.S.A.(Maths) in Nalanda High School, Kizhuppillikara, Thrissur District with effect from 28.7.1993. The appointment of the petitioner was approved by the District Educational Officer. Later, the management surrendered the School to the Government and the Government accepted the free surrender as per G.O.(Rt)No.3345/95/G.Edn. dated 21.9.1995. It is stated that the Government absorbed the eligible teaching and non- teaching staff of the School into Government service by accepting the advice of the Public Service Commission, as per Ext.P3 order dated 27.9.2004 and an earlier order dated 7.1.2002. The contention of the petitioner is that in view of Ext.P3 order the petitioner is entitled to be included in the seniority list of High School Assistants from 1991 to 1996 as rank No.877. However, the name of the petitioner was not included in the seniority list. 2. The petitioner filed Ext.P4 representation dated 26.12.2009 to the Director of Public Instruction praying to include her name as rank No.877 in the seniority list. The Director of Public Instruction W.P.(C) NO.30488 OF 2010 :: 2 :: rejected the request made by the petitioner, as per Ext.P5 order dated 17.5.2010. Challenging Ext.P5 order, the petitioner filed Ext.P7 revision dated 6.7.2010, before the Government. Ext.P7 revision is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibit P5 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent Director of Public Instruction to include the name of the Petitioner as Rank No.877 in the seniority list of High School Assistants from 1991-96. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the Petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C) NO.30488 OF 2010 :: 3 :: 4. The learned counsel for the petitioner submitted that, for the time being, it would be sufficient if relief (iii) is granted, leaving open the contentions raised by the petitioner. Since Ext.P7 is pending before the Government, it is only appropriate to direct the Government to dispose of Ext.P7 revision. Accordingly, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P7 revision dated 6.7.2010, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/