IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 17212 of 2006(Y) --------------------------------------- PETITIONER(S): ------------------------- T. RAMLATH, AGED 40 YEARS, H.S.A. (HINDI), GOVT. V.H.S.S., MAKKARAPARAMBA, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN, SRI.TOJAN J. VATHIKULAM. RESPONDENT(S): --------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 2. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 17212/2006-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.A3/2963/96 DATED 20/09/1996, ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF THE GOVERNMENT ORDER DATED 30/03/1996. EXT.P3: COPY OF THE ORDER OF PROMOTION DATED 05/04/2003. EXT.P4: COPY OF THE JUDGMENT DATED 04/12/2003 IN O.P. NO. 8060/2002. EXT.P5: COPY OF THE JUDGMENT IN O.P. NO. 10583/2003. EXT.P6: COPY OF THE ORDER DATED 28/10/2004 ISSUED BY THE FIRST RESPONDENT. EXT.P6(a): COPY OF THE ORDER BEARING NO.A2/39032/04 DATED 10/02/2005. EXT.P6(b): COPY OF THE ORDER NO.A2/9006/05 DATED 02/06/2005. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P8: COPY OF THE ENDORSEMENT NO.N.DIS.A2/7857/06 DATED 18/03/2006. EXT.P9: COPY OF THE ORDER DATED 21/04/2008 ISSUED IN THE CASE OF 10 TEACHERS ASSIGNING DATE OF REGULAR PROMOTION FROM THE DATE OF INITIAL PROMOTION UNDER RULE 31 A. EXT.P10: COPY OF THE ORDER DATED 25/02/2009 ISSUED BY THE DEPUTY DIRECTOR ASSIGNING DATE OF PROMOTION FROM THE DATE OF INITIAL PROMOTION ON TEMPORARILY. EXT.P11: COPY OF THE ORDER DATED 27/03/2007 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17212 of 2006-Y- - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011. JUDGMENT The petitioner is claiming ratio based regular promotion from the date of temporary promotion. It is also stated that even though the petitioner's juniors were granted the same, the claim of the petitioner has not been favourably considered. Initially, the petitioner was appointed as a Junior Language teacher (Hindi) on 14.2.1991. A temporary promotion was granted as per Ext.P1 order dated 20.9.1996. It is the case of the petitioner that she was entitled for regular promotion even on the date of the said temporary promotion. Ext.P2 is the copy of the Govt. Order prescribing the ratio among the direct recruits and promotees. But in spite of the same, when Public Service Commission advised candidates, the petitioner and others were reverted on 2.6.2000. In the year 2003, ass per the order Ext.P3, the petitioner was again promoted as H.S.A. 2. A group of similarly placed temporary promotees who were posted as H.S.A. (Malayalam), approached this Court by filing O.P. No. 8060/2002 which was disposed of by Ext.P4 judgment, wherein it was directed that the ratio will have to be maintained on the cadre strength of wpc 17212/2006 2 the post and not on the basis of the vacancies arising due to retirement. The ratio being 1 : 1, it is the case of the petitioner that the petitioner's promotion will also come within the quota. 3. Ext.P5 is the judgment in O.P.No.10583/2003 wherein the claim of the petitioners therein were directed to be considered by this Court and by Ext.P6, the benefit was granted. Even though the petitioner claimed the said benefit, that was denied. Though in Ext.P7 representation the petitioner contended that more than 16 teachers who are juniors to her, were given the said benefit, that also was not considered. 4. Heard learned counsel for the petitioner and learned Govt. Pleader. 5. Along with I.A. No.238/2011 the petitioner has produced Exts.P9 and P10 orders passed by the Deputy Director of Education in the case of similarly placed persons. Learned counsel for the petitioner pointed out that even going by Ext.P1, it can be seen that the petitioner was serial No.15 and Smt. Sumamani, Junior Hindi Teacher, was serial No.18. Ext.P6(a) is the order by which Smt. Sumamani has been granted the benefit of promotion from the date on which she joined duty. It was specified that salary will be claimed only for the period actually worked. wpc 17212/2006 3 6. Evidently, in Ext.P6 also the same view was taken and the same related to Smt.P.V. Syamala and Smt.K.P. Sujatha who were petitioners in W.P.(C) No.10583/2003. 7. Evidently, the matter will be governed by the principles stated in Ext.P4 judgment and it is followed in other judgments. In that view of the matter, and in the light of the fact that similarly placed persons have been granted the benefit, there cannot be any justification for denying the benefit to the petitioner, especially since the petitioner's juniors have been granted the same. 8. As per Ext.P8, the representation is returned stating that the initial promotion is purely on temporary basis under Rule 31 of KS & SSR and therefore, the real question was not addressed therein. 9. In the above view of the matter, Ext.P8 is quashed. The entitlement of the petitioner for promotion from the date on which the petitioner was granted temporary promotion, is declared. There will be a direction to the first respondent to pass appropriate orders. But it is made clear that the petitioner will be entitled for the salary only for the period she has actually worked as H.S.A. Appropriate orders will be passed wpc 17212/2006 4 within a period of two months from the date of receipt of a copy of this judgment and consequential monetary benefits will also be disbursed accordingly. No costs. (T.R. Ramachandran Nair, Judge.) kav/