IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9215 of 2009(V) ------------------------------------ PETITIONER(S): ------------------------ THRESSIAMMA KURIAKOSE, W/O. THOMAS MATHEW, AGED 52 YEARS, PRINCIPAL, ST.MARY'S VHSS, VALIYAKUNNAM, THEYADICKAL, PATHANAMTHITTA, KERALA. BY ADV. MR.T.S.JOHN RESPONDENT(S): ------------------------ 1. THE SECRETARY TO GOVERNMENT, EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, DPI OFFICE, THYCADU, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, THIRUVALLA. 4. MANAGER, V.H.S.S., VALIYAKUNNAM, THEYEDICKAL, PATHANAMTHITTA. SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.9215 of 2009 ===================== Dated this the 23rd day of March, 2009. JUDGMENT Heard Sri. T.S. John, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner entered service as High School Assistant in the fourth respondent's school in a leave vacancy for the period from 3.8.1982 to 30.3.1983. The said appointment was approved by the District Educational Officer, Thiruvalla. Later, the petitioner was appointed as H.S.A. in a regular vacancy with effect from 15.6.1983. The said appointment was also approved. The Manager also declared her probation in the category of H.S.A., but without taking note of her past service in the leave vacancy. The petitioner thereafter applied to the Manager to take note of the service rendered by her in the leave vacancy for the purpose of declaration of probation. That request was granted by the Manager by Ext.P1 order dated 31.12.2007. The petitioner thereupon moved the Government in Ext.P5 representation dated 1.7.2008 requesting that based on Ext.P1, the District Educational Officer may be directed to refix her pay. In this Writ Petition, the petitioner inter alia WP(C) No.9215/09 -: 2 :- prays for a direction to the Government to consider Ext.P5 revision petition and pass orders thereon. 3. The question whether the petitioner is entitled to have the service rendered by her as High School Assistant in the leave vacancy for the period from 3.8.1982 to 30.3.1983 reckoned for the purpose of grant of increments and other service benefits applying Government decision No.2 under Rule 33 of Part I of the Kerala Education Rules which was deleted with effect from 1.10.1994, is primarily a matter for the Government to decide. Since the petitioner has already moved the Government in that regard, it is for the Government to take a decision in the matter. I accordingly dispose of this Writ Petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P5 representation and pass orders thereon after notice to and affording the petitioner and the fourth respondent an opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of this judgment. P.N.Ravindran, Judge. ess 8/4