IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 22522 of 2008(F) -------------------------------- PETITIONER: -------------- MARIAMMA OOMMEN, AGED 37, W/o. SHAJI P.GEORGE, HSST JUNIOR ENGLISH, ST.THOMAS HSS KEEZHILLAM. BY MR.PAULSON THOMAS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. CORPORATE MANAGER, THE MAR THOMA AND E.A. SCHOOLS, CORPORATE MANAGER, THIRUVALLA, PATHANAMTHITTA DISTRICT. 4. SMT. BETTY JOHN, HSST ENGLISH (TRASFER), MARTHOMA HSS, PATHANAMTHITTA. 5. ASWATHY CHECHA VARGHESE, HSST ENGLISH (DIRECT RECRUITMENT), SCS HSS THIRUVALLA. 6. ANNIE JACOB,HSST JR. ENGLISH (DIRECT RECRUITMENT), MTS HSS KOTTAYAM. WP(C).No. 22522/2008 ...2... 7. RACHEL PHILIP, HSST JUNIOR ENGLISH (DIRECT RECRUITMENT), ASHARAMAM HSS, PERUMBAVOOR. BY MR.BABU VARGHESE, ADVOCATE, FOR R4. MR.ELVIN PETER P.J., ADVOCATE, FOR R3. MR.V.K.SUNIL, ADVOCATE, FOR R5. MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22522 OF 2008 --------------------------------------- Dated this the 21st day of May, 2009. J U D G M E N T The petitioner is working as HSST Junior in St.Thomas Higher Secondary School, Keezhillam which is under the 3rd respondent-Corporate Manager. Exhibit P1 is the copy of appointment order. Actually it was an appointment by transfer from the post of HSA. The petitioner started her career as a UPSA under the same management, which is evidenced by Exhibit P1(b) appointment order. The petitioner had earlier worked as HSST English in leave vacancies on two different spells under the same management, which is evidenced by Exhibits P2 and P2(a). Exhibits P3, P3(a) and P3(b) have been produced by the petitioner to show that she has acquired Post Graduation, B.Ed degree and SET qualification. 2. The management notified one vacancy of HSST Junior English to be filled up by transfer in the year 2002 and the petitioner was also invited for the interview on 13.08.2002. W.P.(C) No.22522/08 2 Exhibit P4 is the ranked list subsequently published and the petitioner was rank No.3 as per Exhibit P4. 3. The grievance of the petitioner is that going by Rule 6(2) (1)(ii) of Chapter 32 of KER, the petitioner should have been given preference. Presently, the petitioner has filed a representation before the Government as Exhibit P6 since the prior representation, Exhibit P5, filed before the Educational Agency did not evoke any response. It is also pointed out that the Director has already approved the appointment. Heard the learned counsel for the petitioner and the learned Government Pleader. Since the petitioner has already approached the Government by filing Exhibit P6, there will be a direction to the first respondent to consider and pass orders on Exhibit P6, after hearing the petitioner and respondents 3 to 7 herein, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp W.P.(C) No.22522/08 3 T.R. RAMACHANDRAN NAIR, J. W.P.(C) No. 22522 OF 2008 J U D G M E N T 21.05.2009