IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 35025 of 2010(C) -------------------------- PETITIONER(S): --------------- 1. K.G.VRAJESWARI, W/O.K.R.BABU, AGED 50 YEARS, H S A (MATHEMATICS) V R A M M H S SCHOOL THAIKKAD SOUTH, BRAHMAKULAM, VIA. GURUVAYUR, THRISSUR DISTRICT. 2. T.K.SHINI, W/O.K.M.HARSHAN, AGED 43 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, -DO- BY ADV. SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM - 695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY - 682 024, ERNAKULAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT - 680 506. 5. THE MANAGER, V R A M M H S SCHOOL, THAIKAD SOUTH BRAHMAKULAM, (VIA) GURUVAYUR, THRISSUR DISTRICT - 680 104. R1 TO R4 BY G.P. SMT. NISHA BOSE AND ADV. SRI.K.A.MANZOOR ALI FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35025 of 2010-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011. JUDGMENT The petitioners are approved teachers of the fifth respondent school. They were working as High School Assistants and U.P. School Assistants when the school was upgraded. The school was upgraded as a Higher Secondary School as per Ext.P1 order. According to the petitioners, they are entitled for appointment as HSST by transfer. But now, the Manager has appointed Guest Lecturers to fill up these vacancies. It is pointed out that the same is in tune with the policy of the Government as per G.O.(Ms) No.128/2010/G.Edn. dated 20.7.2010. 2. The petitioners have filed representation before the Government as per Ext.P6 seeking for a review of the said Government Order to the extent it directs the Manager to appoint only Guest Lecturers on daily wage basis. The main contention raised by the petitioners is that the direction by the Government in Ext.P1 Govt. Order is clearly against the provisions of the Special Rules itself. 3. It is up to the Government to take a decision on Ext.P6 representation in accordance with law. Therefore, there will be a direction wpc 35025/2010 2 to the Government to consider and pass orders on Ext.P6 representation with notice to the petitioners and the Manager, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/