IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST JULY 2007 / 9TH SRAVANA 1929 OP.No. 29584 of 2002(V) ----------------------- PETITIONER: --------------- SUSANNAMMA K.I. U.D.CLERK, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. BY ADV. SRI.N.NANDAKUMARA MENON SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR SMT.LAKSHMI.N.MENON RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. V.SUDHAKARAN, JUNIOR SUPERINTENDENT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.29584/2002 ORDER ON CMP. NO.50184/2002 IN OP. NO.29584/2002 DISMISSED 31.07.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE OBJECTION DT. 30.12.85 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2:- COPY OF THE SNIORITY LIST OF L.D.CLERKS PUBLISHED BY THE 2ND RESPONDENT AS PER HIS PROCEEDINGS NO.SY3/17785/92/DPI DT. 26.9.94. EXT.P3:- COPY OF THE PROMOTION ORDER NO.C5/25890/86/DPI DT.11.8.86 ISSUED BY THE 2ND RESPONDENT PROMOTING THE PETITIONER AS U.D.CLERK. EXT.P4:- COPY OF THE PROCEEDINGS ORDER NO.SENIORITY SPL.CELL- 114535/87 DT. 10.3.89 PUBLISHED BY THE 2ND RESPONDENT. EXT.P5:- COPY OF THE ORDER NO.STY SPL CELL 114535/87 DT. 23.1.1991 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE SUPPLEMENTARY PROVISIONAL SENIORITY LIST OF U.D.CLERKS SHWOING THE RANKAND SENIORITY OF THE PETITION IN THE CADRE OF U.D.CLERK. EXT.P6:- COPY OF THE ORDER N O.SY2/114535/87 DT. 14.6.96 ISSUED BY THE 2ND RESPONDENT. EXT.P6(a):- COPY OF THE SENIORITY LIST OF U.D.CLERKS PUBLISHED ALONGWITH EXT.P6 SHOWING THE RANK OF THE PETITIONER FOR THE PERIOD FROM 5.12.83 TO 31.12.85 COVERING VACANCIES FROM 15.12.83 TO 16.9.85. EXT.P7:- COPY OF THE ORDER NO.SY2/114535/90 DT. 17.6.02 ISSUED BY THE2ND RESPONDENT. EXT.P7(a):- COPY OF THE PROVISIONAL REVIEW SENIORITY LIST OF U.D.CLERKS ATTACHED TO EXT.P7 FOR THE PERIOD FROM 1.12.83 TO 31.12.85. OP. NO.29584/2002 EXT.P8:- COPY OF THE JUDGMENT DT. 9.7.02 IN OP. 18770/02(H) IN THE HIGH COURT OF KERALA AT ERNAKULAM., EXT.P9:- COPY OF THE NOTICE NO.SY(2) 114535/90 DT. 16.7.02 ISSUED BY THE 2ND RESPONDENT. EXT.P10:- COPY OF THE ORDER NO.SY2/114535/90 DT. 20.9.02 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P11:- COPY OF THE ORDER NO.114535/90/SY2/DPI DT. 20 9.02 ISSUED BY THE 2ND RESPONDENT. EXT.P11(a):- COPY OF THE EXTRACT OF THE SENIORITY LIST OF U.D.CLERKS PUBLISHED ALONG WITH EXT .P.11 FOR THE PERIOD FROM 1.12.83 TO 31.12.85. EXT.P12:- COPY OF THE ORDER NO.C 5/3503/02/DPI DT. 28.9.02 ISSUED BY THE 2ND RESPONDENT. EXT.P13:- COPY OF THE REPRESENTATION DT. 1.3.86 SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF PUBLIC INSTRUCTIONS TRIVANDRUM. EXT.P14:- COPY OF THE GOVERNMENT ORDER G.O.(P) NO.141/86/GAD DT. 30.4.86 ISSUED BY THE GOVERNMENT. EXT.P15:- COPY OF THE ORDER DT. 23.9.04 G.O.(RT)NO.4148/04/G.EDN. ISSUED BY THE GOVERNMENT . /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.29584 OF 2002 ------------------------------------------- Dated this the 31st day of July, 2007 JUDGMENT Ext.P15 is placed on record by the petitioner along with I.A.No.10527/02 stating that reliefs similar to that prayed for by her have been granted to another similarly situated person as per Ext.P15 order of the Government. Under the aforesaid circumstance, this writ petition is disposed of without expressing anything on merits, directing the first respondent to take up the case of the petitioner and decide on it in accordance with law and having regard to Ext.P15. It is clarified that the applicability of Ext.P15 to the facts of the case of the petitioner is left open for consideration by the Government. The decision as aforesaid shall be taken within an outer limit of four months from the date of receipt of a copy of this judgment. All consequential orders shall also follow on the basis of the decision that the Government may take. This will OP.29584/02 Page numbers include appropriate decisions in relation to promotion and other incidental reliefs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.29584/02 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.29584 OF 2002 JUDGMENT 31st JULY, 2007. =======================