IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 30662 of 2008(A) -------------------------- PETITIONER(S): --------------- N.M.THOMAS, S/O. N.M.MATHAI, AGED 54 HSA, GOVERNMENT HIGHER SECONDARY SCHOOL PO:CHEMBUCHIRA, THRISSUR DISTRICT, RESIDING AT: MADATHIKUNNEL HOUSE, MATTATHOOR P.O.KODAKARA, THRISSUR DIST. PIN:680684. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1 TO 3 SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.30662/2008 ----------------------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT Petitioner is working as HSA. Since his date of birth is 24.3.1954 he is due for retirement on 31.3.2009. Ext.P1 is the seniority list, in which he is at Sl.No.818. The contention raised is that 135 Headmasters/AEOs are continuing in service, on the strength of rule 60-C Part-I KSR beyond their age of retirement and as a result of which petitioner is loosing his chance to get promotion as Headmaster. On that basis, he is seeking a declaration that he is entitled to get promotion on the basis of his position in the seniority list, ignoring the continuance of 135 persons referred to above. 2. Going by the counter affidavit filed, the DPC in the meeting held on 9.7.2008 prepared a list of HSAs for promotion and that up to rank No.772 were selected. It is WP(c).No. 30662/2008 2 stated that, up to rank No.690 have been promoted and 58 HSAs are remaining to be promoted. It is stated that the ensuing DPC will consider the remaining HSAs in the seniority list. According to the respondents, since the date of birth of the petitioner is 24.3.1954 he is to retire on 31.3.2009 and in the aforesaid circumstances there is no chance for the petitioner to get promotion. Apart from the factual issues, it can be seen that, the grievance of the petitioner is regarding the continuance of 135 persons as Headmasters/AEOs beyond their age of retirement, till the end of the academic year on the strength of Rule 60-C of Part-I KSR. Unless the rule is invalidated, the petitioner cannot ask for their early retirement. In this writ petition there is no prayer for declaring the aforesaid Rule as illegal or unconstitutional. So long as the provision remains in the statute book, the continuance of the aforesaid persons cannot be said to be illegal. Further none among the 135 persons are impleaded in this writ petition. WP(c).No. 30662/2008 3 That apart, it is because of the petitioner's position at Sl.No.818, he was not included in the ranked list already prepared by the DPC. For that reason also, the petitioner cannot seek any relief. Writ Petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No. 30662/2008 4