IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 36927 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. K.A.GEETHA , 39 YEARS OF AGE H.S.S.T (JUNIOR) DEPARTMENT OF ZOOLOGY BHAGAVATHY GOVT.H.S.SCHOOL, VANNAMADA, PALAKKAD DISTRICT. 2. GOKUL DAS, 39 YEARS OF AGE H.S.S.T (JUNIOR), DEPARTMENT OF ZOOLOGY GOVT.HIGHER SECONDARY SCHOOL, NENMARA, PALAKKAD DISTRICT. 3. RAJESH BABU, 41 YEARS OF AGE H.S.S.T (JUNIOR) DEPARTMENT OF ZOOLOGY GOVT. GIRLS H.S.SCHOOL, CHITTOOR,PALAKKAD DISTRICT. 4. A.RAJESH 41 YEARS OF AGE H.S.S.T (JUNIOR) DEPARTMENT OF ZOOLOGY GOVT. H.S.S. NAMBAD, NILAMPUR, MALAPPURAM DISTRICT. 5. DR.PRAMOD BABU K.R H.S.S.T (JUNIOR) DEPARTMENT OF ZOOLOGY GOVT. H.S.S.THALAVADI, ALAPPUZHA DISTRICT. 6. DEVI CHANDINI, 43 YEARS OF AGE H.S.S.T (JUNIOR), DEPARTMENT OF ZOOLOGY GOVT,H.S. SCHOOL,THENKURISSI, PALAKKAD DISTRICT. 7. SELVI.S., 39 YEARS OF AGE H.S.S.T (JUNIOR), DEPARTMENT OF HINDI GOVT.S.M.H.S.S.THATHAMANGALAM,PALAKKAD DISTRICT. 8. SATHIA NARAYANAN.K, 47 YEARS AGE H.S.S.T (JUNIOR) DEPARTMENT OF HINDI G.H.S.S. GANESHGIRI, SHORNOUR, PALAKKAD DISTRICT. 9. DIRSHAD .K, 39 YEARS OF AGE H.S.S.T (JUNIOR) DEPARTMENT OF HINDI G.B.H.S.S. CHITTOOR, PALAKKAD DISRICT 10. C.S.GOPALAN H.S.S.T (JUNIOR) DEPARTMENT OF HINDI G.H.S.S. , CHATHANOOR, PATTAMBI, PALAKKAD DISTRICT. 11. SASIKALA P.R., 37 YEARS OF AGE H.S.S.T (JUNIOR) DEPARTMENT OF HINDI G.H.S.S. THAMANGALAM, PALAKKAD DISTRICT. 12. RAMESH .S.R., 46 YEARS OF AGE G.H.S.S.,KOTTAPPURAM, ANDIYOOR KUNNU PO H.S.S.T (JUNIOR) DEPARTMENT OF HINDI MALAPPURAM DISTRICT. BY ADV. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS,THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.SANDESH RAJA-R1,R2 STANDING COUNSEL SRI.ALEXANDER THOMAS-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36927 of 2009 APPENDIX PETITIONER'S EXHIBITS: P1: A copy of the G.O.(P).No.144/2001/G.Edn. Thiruvananthapuram. P2: copy of the G.O.(P).No.144/2001/G.Edn. Thiruvananthapuram. P3: Copy of the representation submitted by 11th petitioner before the 2nd respondent. P4: Copy of the representation submitted by 7th to 11th petitioners to the 2nd respondent. P5: Copy of the representation submitted by 1st petitioner to the Principal Secretary. P5(a): Copy of the representation submitted by 3rd petitioner to the Principal Secretary. P5(b): Copy of the representation submitted by 5th petitioner to the Principal Secretary. P5(c): Copy of the representation submitted by 6th petitioner to the Principal Secretary. P5(d): Copy of the representation submitted by 8th petitioner to the Principal Secretary. P5(e): Copy of the representation submitted by 10th petitioner to the Principal Secretary. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.36927 OF 2009 -------------------------------------------- Dated this the 15th day of July, 2010 JUDGMENT The Petitioners are Higher Secondary School Teachers working in different Higher Secondary Schools. Their grievance is with respect to the action on the part of the respondents in treating them as H.S.S.T (Juniors). The main prayer of the petitioners in this Writ Petition is as follows: ii) issue a writ of mandamus or any other writ, order or direction to the respondents to declare the service of the petitioners as H.S.S.T (Sr.) taking into consideration the entire past services rented by the petitioners. 2. According to the petitioners, they were appointed as H.S.S.Ts pursuant to Ext.P1 G.O dated 16.4.2001. In fact, the said G.O provides for an option to get transfer from H.S.A to H.S.S.T. It was availing the said option that the petitioners got appointment in the post of H..S.S.T. The grievance of the petitioners is against the action on the part of the respondents in publishing a list treating the petitioners as H.S.ST (junior) and their juniors in service as H.S.S.T. According to them, the list of W.P.(C) NO.36927/2009 2 H.S.S.T includes persons directly recruited subsequent to the appointment of the petitioners to the category of H.S.S.T. Raising such grievances the petitioners have filed representations before the first respondent. The learned counsel for the petitioner submits that all the petitioners have filed similar representations. Some of such representations are produced in this Writ Petition as Ext.P5 series. 3. When this matter is taken up today, the learned counsel appearing for the petitioners submits that the petitioners are prepared to confine their prayer to one for a direction to the respondents to consider Ext.P5 series and similar representations submitted by other petitioners and pass orders thereon, on merits. The learned government Pleader submits that said Ext.P5 series of representations and similar representations submitted by other petitioners will be considered on merits. In the said circumstances, this Writ Petition is disposed of with a direction to the Secretary to the General Education Department to consider Ext.P5 series and similar representations submitted by other petitioners, in case such representations have already been received from the petitioners, and pass orders thereon, on merits, expeditiously, at any rate, within a period of five months from the date of receipt of a copy of this judgment with notice to all the persons who are likely to be affected in case of issuance of W.P.(C) NO.36927/2009 3 favourable orders to the petitioners. In case the petitioners prefer to file representations to supplement their earlier representations, they will be at liberty to do so within a period of two weeks from today. On receipt of such representations, the competent authority shall pass orders on the representations which were already received taking into account such representations as well, after affording an opportunity to the persons who are likely to be affected. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36927/2009 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.36927/2009 5