IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 19647 of 2010(E) -------------------------- PETITIONER(S): --------------- RAMAKRISHNAN P., H.S.S.T.(ENGLISH) G.H.S.S. MORAZHA, P.O.MORAZHA, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. BY G.P.SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.19647 of 2010 ---------------------------- Dated 5 th August, 2010 JUDGMENT This judgment is really an appendix to the judgment pronounced by me in W.P.(C)Nos.16577 & 17511 of 2010 dated 28.07.2010. The petitioner herein was working as a High School Assistant. He became Higher Secondary School Teacher (English) by appointment by transfer on 5.10.2006. Despite the completion of the period of probation, it was not declared and he is yet to be declared as a full member of the service, it is submitted. The grievance of the petitioner is that he was overlooked in the matter of promotion to the cadre of Heads of Departmental High Schools/ Teachers Training Institutes/ Assistant Educational Officers and equated categories. The specific case of the petitioner is that his juniors in the category of High School Assistant included in Ext.P1 seniority list were given promotion. The grievance of the petitioner is exactly identical to the grievance of the petitioners in the aforementioned writ petitions. Those writ petitions were disposed of as per judgment dated 28.7.2010 in the light of the decision of a Full Bench of this Court in Balakrishnan Nair v. Ram Mohan Nair (1998 (1) KLT 766 (FB)) and in O.P.No.28079 of 1999. The issue whether the regularization of service could be construed as WP(C).No.19647/2010 2 confirmation was considered in detail and found in favour of the petitioners. It was also found that the mere completion of probation cannot stand in the way of the right of the petitioners therein for being considered for promotion against the aforementioned post. In the light of the said decision dated 28.7.2010, rendered relying on the decisions of this Court in Balakrishnan Nair v. Ram Mohan Nair (supra) and in O.P.No.28079 of 1999 this writ petition is disposed of as hereunder: It is declared that letter No.12970/C2/2010/Edn. dated 7.4.2010 will not be applicable to the the case of the petitioner. The second respondent shall consider the claim of the petitioner for promotion to the cadre of Heads of Departmental High Schools/ Teachers Training Institutes/ Assistant Educational Officers and equated categories based on seniority of the petitioner in Ext.P1 seniority list. In case the petitioner's claim was overlooked while passing Ext.P4, it shall be reviewed based on the aforesaid direction. Order shall be passed by the second respondent in terms of the above directions expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS