IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21867 of 2008(C) -------------------------- PETITIONER: ------------ JAYASREE M. , AGED 35, W/O.SATHEESH NIRAVATH HOUSE, VALAYAMCHIRANGARA, PERUMBAVOOR NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER HIGHER SECONDARY SCHOOL, VALAYAMCHIRANGARA, ERNAKULAM DISTRICT BY ADV. SRI.PAULSON THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM 2. DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING,THIRUVANANTHAPURAM 3. MANAGER HIGHER SECONDARY SCHOOL VALAYAMCHIRANGARA ERNAKULAM DISTRICT BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21867 of 2008 C -------------------------------------- Dated this the 22nd day of July, 2008. JUDGMENT The reliefs prayed for in the Writ Petition are the following:- “i) Issue a writ of certiorari quashing Ext.P8 ii) Issue consequential directions directing the respondents 1 and 2 to grant the benefit of Ext.P7 GO to the petitioner. Iii) grant such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.” 2. The petitioner states that she is working as Higher Secondary School Teacher - Junior (Mathematics) with effect from 12.11.2001 in the third respondent's school. She was appointed by transfer from the post of Upper Primary School Assistant in the same school. The petitioner was appointed as Higher Secondary School Teacher - Junior between the period 13.2.2001 and 12.11.2001. That period would fall within the period during which there was a ban on appointments. WP(C) No.21867/2008 2 3. It is stated that on the basis of Exts.P4 and P5 judgments, the Director of Higher Secondary Education granted approval to the petitioner as Higher Secondary School Teacher - Junior (Mathematics) by transfer, as per Ext.P6 order. As per Ext.P7 Government Order dated 20.11.2004, it was ordered that Aided Higher Secondary School Teachers (Junior/Part Time) who were transferred from the post of Upper Primary School Assistant/Lower Primary School Assistant/High School Assistant before the rules, as per the executive orders, will be treated as Full Time Higher Secondary School Teachers irrespective of their work load. It is also clarified in Ext.P7 Government Order that the Government Order will not be applicable to those who were appointed under the provisions of Special Rules since 12.11.2001. On the basis of Ext.P7 Government Order dated 20.11.2004, the Director of Higher Secondary Education passed Ext.P8 order dated 4.6.2008, declining Full Time scale to the petitioner. The petitioner has filed Ext.P9 revision dated 20.6.2008 before the Government, challenging Ext.P8 order passed by the Director of Higher Secondary Education. 4. The learned counsel for the petitioner submits that though the petitioner has prayed in the Writ Petition for quashing Ext.P8 order and other consequential benefits, for the present, the petitioner would be satisfied if a direction is issued to the Government to dispose of Ext.P9 revision expeditiously. WP(C) No.21867/2008 3 In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The Government shall dispose of Ext.P9 revision dated 20.6.2008 filed by the petitioner challenging Ext.P8 order passed by the Director of Higher Secondary Education, as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner, Manager and any other affected party. (ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Government. (iii) The petitioner shall send a copy of the judgment to the third respondent, Manager, by registered post and shall produce proof of the same before the Government. K.T. SANKARAN, JUDGE. cks WP(C) No.21867/2008 4