IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 20130 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------ K.J.GRACY KUTTY,AGED 53 YEARS, D/O.JOSEPH,H.S.A.(SOCIAL SCIENCE),G.H.S.S.ANAPPARA, P.O.CHULLIYODE,WAYANAD. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP.BY SECRETARY, GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD. 4. THE DISTRICT EDUCATIONAL OFFICER, WAYANAD. 5. THE CONVENOR,DEPARTMENT PROMOTION COMMITTEE(L)EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 20130 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2010 J U D G M E N T The petitioner is presently working as a High School Assistant(Social Science) in GHSS, Anappara in Wayanad District. The grievance of the petitioner pertains to the denial of promotion as Headmistress on account of non- availability of her Confidential Reports. In Ext.P1 seniority list, the petitioner holds Rank No.191. As per Ext.P2 order dated 25.5.2010 the second respondent has effected promotions in the cadre of Heads of Departmental High Schools/TTIs'/AEOs' and equated categories. It is the specific contention of the petitioner that Sl.No.240 onwards in Ext.P2 are her juniors. The contention of the petitioner is that in the light of the provisions under Rule 28(b)(i)(4b) of Kerala State & Subordinate Service Rules non-availability of the confidential reports should not have been taken as a reason to delay or deny promotion to the petitioner. 2. The aforesaid provision reads thus:- (4b): Where confidential reports for the three years mentioned in sub clause (4) are not WPC.20130/2010 : 2 : available in respect of an officer for no fault of his up to a period of six months, the Departmental Promotion Committee shall consider, ignoring the non-availability of the report for the said period, the suitability of the Officer based on the available report or by getting special confidential report from the Superior Officer/Higher Authority under whom the officer is working at the time of consideration of his case. A combined reading of Exts.P1 and P2 would reveal that many of her juniors were already promoted to the post of Headmaster and other equated categories. In fact, raising grievances against the action on the part of the respondents in overlooking the seniority of the petitioner and denying her promotion on the aforesaid reasons, the petitioner has already approached the second respondent by filing Ext.P3. In view of the facts thus obtained in this case, I am of the view that the second respondent is bound to consider Ext.P3 and pass orders thereon, expeditiously, especially when several juniors to the petitioner were granted promotion as per Ext.P2. In the said circumstances, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P3 expeditiously, at any rate within a WPC.20130/2010 : 3 : period of one month from the date of receipt of a copy of this judgment by looking into the above extracted provision. If any of the juniors to the petitioner is likely to be affected by a favourable order to the petitioner, then, such person shall also be put on notice before passing final orders as Ext.P3. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge