IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19546 of 2011(O) ------------------------------------- PETITIONER(S): ----------------------- K.T.JOSE, UPPER PRIMARY SCHOOL ASSISTANT, SARVAJANA HIGHER SECONDARY SCHOOL, PUTHUCODE, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT (MANAGER, SARVAJANA HIGHER SECONDARY SCHOOL, PUTHUCODE, PALAKKAD DISTRICT-678 687. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT-678 001. 4. THE HEADMISTRESS, SARVAJANA HIGHER SECONDARY SCHOOL, PUTHUCODE, PALAKKAD DISTRICT-678 001. R1 TO R3 BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19546/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION FILED BEFORE THE DEPUTY DIRECTOR DTD. 1.6.2011. P2:- COPY OF THE PETITION FILED BY THE HEADMISTRESS OF THE SCHOOL DTD. 30.5.2011. P3:- COPY OF THE G.O.(RT0 NO.1067/2011/G.EDN. OF THE GOVERNMENT DTD. 18.3.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19546 of 2011-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The main prayer in this writ petition is for a direction to the second respondent to grant promotion to the petitioner as H.S.A. (English) with effect from 1.6.2011 with attendant service benefits. The further direction sought is to direct the second respondent to effectively consider and pass appropriate orders on Ext.P2, after affording an opportunity of being heard to the petitioner, within a time frame. 2. The school, viz. Sarvanaja Higher Secondary School, Puthucode, Palakkad District, is now managed by the Deputy Director of Education, viz. the second respondent herein. It is pointed out that the petitioner is qualified to be promoted as H.S.A. (English). It is also pointed out that there are open retirement vacancies of H.S.A. (English) which arose on 1.6.2011 and the petitioner is a claimant under Rules 43 and 51-A of Chapter XIV-A K.E.R. Ext.P1 is the representation submitted by the petitioner before the Deputy Director of Education who is the Manager now. The Headmaster of the school has also submitted Ext.P2 before the Deputy Director pointing out that the petitioner could be considered. wpc 19546/2011 2 3. Ext.P3 is an order passed by the Government in respect of another teacher, viz. Shri M.P. Kailasnath, of the same school. It is pointed out by the learned counsel for the petitioner that the Deputy Director of Education is therefore competent to consider the request and pass appropriate orders. 4. There will be a direction to the second respondent to consider the claim of the petitioner and take an appropriate decision and communicate the same to the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/