IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14688 of 2009(E) -------------------------------- PETITIONER: -------------- JIZ MERIN JACOB, H.S.S.T (HISTORY), C.M.S. COLLEGE H.S.S., KOTTAYAM. BY MR.ELVIN PETER P.J., ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, ERNAKULAM. 3. THE PRINCIPAL, C.M.S. COLLEGE HIGHER SECONDARY SCHOOL, KOTTAYAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14688 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner is presently working as H.S.S.T (History) in the C.M.S College H.S.S, Kottayam. She possesses the qualification of M.A (History), B.Ed (Social Science) and has also passed the State Eligibility Test. The petitioner had undergone the selection process for appointment as Higher Secondary School Teacher wherein she was placed as rank No.1 and Smt.Ancy Susan Abraham was given rank No.2. Thereafter the petitioner was appointed in C.M.S College H.S.S as H.S.S.T (Junior) and the second rank holder was appointed as part time H.S.S.T (History) in the Bishop Hodges H.S.S, Mavelikkara under the same Educational Agency. When the staff fixation orders were issued on 06.06.2002, no post of H.S.S.T (History) was sanctioned for the C.M.S College H.S.S, Kottayam for the academic year 2000-01. A post of Junior H.S.S.T (History) was sanctioned for the said school only for the academic year 2001-02. This caused difficulties for the petitioner. W.P.(C) No.14688/09 2 2. The petitioner also points out that in the Bishop Hodges H.S.S, Mavelikkara where Smt.Ancy Susan Abraham was appointed, one post of part time H.S.S.T (History) was sanctioned as per the staff fixation order, for the academic year 2000-01. The claim raised by the petitioner is that she should have been shifted to the said school based on her rank in the ranked list. 3. The petitioner had approached various authorities in the matter. Earlier she filed W.P.(C) No.19954/2007 wherein this Court directed the Director of Higher Secondary Education to consider and pass orders on the representation filed by the petitioner. After hearing all the affected parties, the Director passed an order on 07.11.2007 wherein it was held that the action of the Manager in appointing the petitioner in the C.M.S College H.S.S, Kottayam was illegal. Since no further action was taken in the matter by the Manager, the petitioner filed W.P.(C) No.35471/2007 before this Court wherein this Court directed the Principal to take appropriate steps for getting the appointment of the petitioner approved as per the orders passed by the Director. Accordingly, the Director passed an order dated W.P.(C) No.14688/09 3 11.01.2008 approving the appointment of the petitioner with effect from 16.07.2001 as H.S.S.T (Junior) upto 04.08.2002 and thereafter as H.S.S.T (History) from 05.08.2002 onwards. Accordingly, notional seniority was given with effect from 18.09.2000. 4. The petitioner has got a grievance that she is entitled to have a revision of pay scales and to have her pay fixed in the category of H.S.S.T (History) in the revised scale of pay of Rs.11070-18450 and she is also entitled to be given her arrears of salary consequent to the fixation of pay with effect from 01.07.2004. 5. She has already filed option statement, Exhibit P9, to the Principal. This was submitted on 25.03.2008. The petitioner has filed this writ petition in view of the unreasonable delay in the matter which has resulted in denial of consequential monetary benefits to her without any valid reason. 6. Learned counsel for the petitioner submitted that the 3rd respondent may be directed to forward Exhibit P9 to the 2nd respondent within a specified time limit and the 2nd respondent may be directed to pass appropriate orders on W.P.(C) No.14688/09 4 Exhibit P11 within a specified time frame. Therefore, this writ petition is disposed of directing the 3rd respondent to forward the option statement, copy of which has been produced as Exhibit P9, to the 2nd respondent along with all other supporting documents within a period of two weeks from the date of receipt of a copy of this judgment, if not already forwarded. The 2nd respondent will pass orders on Exhibit P11 within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition before the 2nd respondent for compliance. The claim raised by the petitioner for interest is left open. T.R. RAMACHANDRAN NAIR JUDGE smp