IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 29733 of 2008(M) -------------------------- PETITIONER(S): ---------------------- P.K.JAYAMOLE, W/O.JOY CHERIAN, AGED 39 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE),PANCHAYAT HIGH SCHOOL, VANDIPERIYAR, IDUKKI DISTRICT RESIDING AT VAZHAVILAPARAMBIL, KAREEPRA, VELLIMUKKU P.O., KOLLAM. BY ADV. SMT.REKHA VASUDEVAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGER, PANCHAYAT HIGH SCHOOL, SPECIAL GRADE GRAMA PANCHAYAT OFFICE, VANDIPERIYAR, IDUKKI DISTRICT. 3. RAJASEKHARAN, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), PANCHAYAT HIGH SCHOOL VANDIPERIYAR, IDUKKI DISTRICT. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON 04/11/2008 DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 29733 OF 2008 M = = = = = = = = = = = = = = = Dated this the 4th day of November 2008 J U D G M E N T The prayer sought in this writ petition is a direction to the 1st respondent to take up, consider and pass orders on Ext. P2 for revising the seniority of the petitioner and to retrench the junior most teacher in case reduction of teacher is unavoidable. 2. In my view, Ext. P2 representation made by the petitioner is misconceived. As is evident from Ext. P1, the said order has been issued following the order passed by the District Educational Officer, Kattappana, exercising his powers under Rule 37 of Chapter XIV A, K.E.R. Against such an order the remedy available to an aggrieved teacher is to pursue the remedies available under Rule 38 of Chapter XIV A itself. On the other hand, the petitioner is erroneously seeking remedies before the Government by filing Ext.P2 invoking Rule 27(d) of the K.S. & S.S.R. Therefore, without prejudice to the right of the petitioner to pursue the remedies available under Rule 38 of Chapter XIV A, K.E.R. the writ petition is dismissed. ANTONY DOMINIC JUDGE jan/-