IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 17985 of 2007(N) -------------------------- PETITIONER: ` ------------- K.K.SHAMSUDHEEN, AGED 36 YEARS, S/O.K.K.YAHU, P.D.TEACHER, GOVERNMENT U.P.SCHOOL, NARIPPARAMBA, PATTAMBI, PALAKKAD DISTRICT. RESIDING AT KALADIKUNNUMAL HOUSE, CHEMBRA P.O., THIRUVEGAPPURA VIA, PALAKKAD DISTRICT - 679 304. BY ADV. DR.GEORGE ABRAHAM SRI.O.K.MURALEEDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.17985 of 2007 (N) ======================= Dated this the 15th day of February, 2008 JUDGMENT In this writ petition, the petitioner seeks a direction to the 3rd respondent to promote the petitioner as HSA in Mathematics. The petitioner submits that in view of the averments in the counter affidavit, the writ petition may be disposed of recording the averments in the additional counter affidavit in paragraphs 4, 5 and 6 thereof. In paragraphs 4, 5 and 6 thereof of the 3rd respondent it is stated thus: "4. In the 285 strength of High School Assistant (Mathematics), total number of candidates appointed through different modes as below: 1. Through PSC/Direct Recruitment : 230 2. Through Inter District Transfer : 25 3. Through Promotion of PD Teacher : 15 4. Through By transfer appointments : 12 5. Through Compassionate Ground : 03 6. Through District Collector's Appointment : 00 --------- Total : 285 ======= W.P.(C) No.17985/2007/N -2- 5. The percentage for promotion from P.D.Teacher as High School Assistant (Mathematics) is 10% of the total sanctioned post. It is 25. There is a shortage of 10 teachers under this category. However, at present there are 10 excess Teachers are working in Palakkad Revenue District in Mathematics. 6. Under these circumstances, Sri.Samsudheen.K.K., who ranked first in the seniority list of Primary Teachers, who are eligible for promotion as HSA (Mathematics) cannot be promoted as HSA (Mathematics). The promotion can be implemented only after the excess hands reduced to zero. As and when the excess hands become nil, the promotion orders will be issued, based on the seniority, list by this office promptly against the available vacancies." In the above circumstances, the above averments in the additional counter affidavit is recorded and the writ petition is closed. S.SIRI JAGAN, JUDGE jp