IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14879 of 2009(D) -------------------------------- PETITIONER: -------------- P.N.CHANDRIKA, TEACHER EDUCATOR (H.S.A - SOCIAL SCIENCE), GOVERNMENT TTI, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY MR.KRB.KAIMAL, SENIOR ADVOCATE. MR.B.UNNIKRISHNA KAIMAL, ADVOCATE. RESPONDENTS: ------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. BY MR. MUHAMOOD T.T., GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14879 OF 2009 --------------------------------------- Dated this the 1st day of June, 2009. J U D G M E N T The petitioner herein is working as High School Assistant (Social Science) in Government T.T.I, Muvattupuzha which is in Ernakulam District. The grievance of the petitioner is that her seniority in the cadre of H.S.A (Social Science) is not reckoned with reference to the date of advise for appointment by the Public Service Commission. Initially, the petitioner was selected for appointment as H.S.A (Social Science) in Idukki District. The petitioner is eligible for promotion as H.S.S.T (History). She was appointed in Government High School, Anakkara in Idukki District as per order dated 03.04.1993 and accordingly, she joined there. The petitioner, in the year 1996, requested for transfer to Government High School, Kuttampuzha which is in the same District since the said School is nearer to her native place. Accordingly, she was granted transfer as per an order dated 02.01.1997 and she joined there. W.P.(C) No.14879/09 2 2. The Government, vide order dated 30.12.1996, decided to annex Kuttampuzha village in Devicolam Taluk, Idukki District to Kothamangalam village in Ernakulam District as per Exhibit P1. Later on, the Aided Schools and Government Schools coming within the jurisdiction of the said village were also transferred from the jurisdiction of the Deputy Director of Education, Idukki to the Deputy Director of Education, Ernakulam District. Government High School, Kuttampuzha is thus one of the transferred schools as per the said Government Order. 3. The grievance of the petitioner is that for reckoning her seniority, presently she is being treated as an inter district transferee which according to the petitioner is perfectly not justifiable. She had never sought for an inter district transfer and it is only because of the transfer of the village alone the situation has arisen. Complaining about these matters, she has moved the Director of Public Instructions as per Exhibit P4. Since the said representation is pending, there will be a direction to the first W.P.(C) No.14879/09 3 respondent to consider and pass orders on Exhibit P4 within a period of two months from the date of receipt of a copy of this judgment. Pending the same, the respondents are directed not to fill up one post of H.S.S.T in History. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp