IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 4788 of 2009(T) ------------------------- PETITIONER(S): ---------------------- 1. SUNDERLAL,BRC TRAINER, BATHERY, NELLIKKARA, POOTHADI.P.O,VIA KENICHIRA, SULTHAN BATHERY. 2. BINOY KUMAR.K.N, BRC TRAINER, MANANTHAVADY, PUTHAN EDATHIL, KOOTHALI.PO, VIA PERAMBRA, KOZHIKODE. 3. V.R.AMBIKA, H.S.A.(MALAYALAM),GRFTHS & VHS BEYPORE, 'BODHI',P.O.BEYPORE NORTH, KOZHIKODE. 4. PRAMEELA.P.K, NHENDADI HOUSE,IRINGALLUR AMSOM DESOM, KOZHIKODE. BY ADVS. SRI.T.R.RAVI SRI.P.S.MURALI RESPONDENT(S): ----------------------- 1. STATE OF KERALA REP; BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MANANCHIRA, KOZHIKODE. 3RD RESPONDENT IMPLEADED ------------------------------------------- 3. THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA NORTH, WAYANAD DISTRICT 673122; IMPLEADED AS PER ORDER DATED 08.08.2011 IN IA.12819/2011 BY GOVERNMENT PLEADER SRI.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4788 of 2009(T) ----------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE ORDER REVERTING THE 1ST PETITIONER. EXT.P2. COPY OF THE RDER REVERTING THE 3RD PETITIONER. EXT.P3. COPY of the ORDER REVERTING THE 4TH PETITIONER. EXT.P4. COPY OF THE ORDER DT. 27.3.07. EXT.P5. COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE 1ST PETITIONR EX.P6. COPY F THE LAWYER NOTICE ISSUED ON BEHALF OF THE 2ND PETITIONER. EXT.P7. COPY OF THE REPRESENTATION SENT BY THE 3RD PETITIONER. EXT.P8. COPY OF THE REPRESENTATION SENT BY THE 4TH PETITIONER. EXT.P9. COPY OF THE ENDORSEMENT MADE BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL --------------------------------------- / TRUE COPY / P.A. TO TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4788/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of August, 2011 J U D G M E N T The prayer in this writ petition is for a direction to the respondents to regularise the service of the petitioners in the post of High School Assistant (Malayalam), treating the period of service in the post of P.D Teacher, on reversion, as service in the post of H.S.A, for the purpose of pay fixation, seniority etc., as has been done in the case of H.S.A (Hindi) as per Ext.P4. 2. All the petitioners were promoted as H.S.As on various dates and they were reverted as P.D Teachers and again promoted as H.S.As in different institutions. It is averred in the writ petition that promotions have been granted to the petitioners in the post of H.S.A (Malayalam) after the expiry of the ranked list issued by the Public Service Commission, on condition that they will be reverted as and when P.S.C hands become available. It is the case of the petitioners that as W.P.(C). No.4788/2009 -:2:- far as H.S.As (Hindi) are concerned, their services have been regularised, treating the period of service rendered in the reverted category as notional service in the post of H.S.A for the purposes of seniority, fixation of pay etc. On coming to know about the same, the petitioners filed representations and seeking for appropriate directions, this writ petition has been filed. 3. Along with I.A.No.12818/2011, the petitioners have produced Ext.P10, a copy of the order issued by the Deputy Director of Education wherein, the promotion granted to one Shri T.Rajan, H.S.A (Malayalam) has been regularised from the date of first promotion, namely, 04/11/1997 as the promotion was made in the quota. The same was done in the light of the Judgment of this Court in W.P.(C).No.1895/2011. It is submitted by the learned counsel for the petitioners that he is junior to three out of the four petitioners herein and similar directions may be issued to grant benefits to the petitioners also. W.P.(C). No.4788/2009 -:3:- 4. In the light of the above, there will be a direction to the second respondent-Deputy Director of Education and the additional third respondent to consider the case of the petitioners in the light of Ext.P10 order passed by the second respondent and extend the same benefits to the petitioners also. Appropriate orders will be passed within a period of two 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.) ms