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. 1895 of 2011(J) ------------------------- PETITIONER(S): --------------- T.RAJAN, H.S.A (MALAYALAM) G.V.H.S.S.MEPPAYUR, KOZHIKODE DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE 673 001. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. BY G.P. SMT. NISHA BOSE 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. 1895 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011. JUDGMENT The petitioner claims restoration of seniority from the date of initial appointment, viz. 4.11.1997. This is a case where the petitioner was initially appointed as a P.D. Teacher on 16.10.1990 and was provisionally promoted as H.S.A. (Malayalam) as per order dated 27.10.1997. According to the petitioner, he was entitled to be promoted as H.S.A. in the 30% quota earmarked for promotees as per the cadre strength of the post. After publication of the rank list by Ext.P3, the petitioner and other provisionally promoted persons were reverted to the post of P.D. Teacher. It is stated that Ext.P3 order was challenged by similar affected parties before this Court and Ext.P4 is the judgment rendered in their favour. Thereafter, an order was issued promoting the teachers reverted earlier. The petitioner was also promoted as per order dated 3.6.2005. 2. It appears that the other teachers were granted benefits by way of regularisation from their original date of promotion and Exts.P6 to P8 are the orders relied upon in this regard. It is also the case of the petitioner that one Shri Harsha Kumar who was promoted subsequent to the promotion of wpc 1895/2011 2 the petitioner, was granted regularisation from 5.6.1998 as evidenced by Ext.P9, whereas the petitioner was granted promotion from 9.6.2005. Therefore, seeking for restoration of the benefit from 4.11.1997, the petitioner moved the Deputy Director of Education, but by Ext.P10 his claim was not favourably considered and aggrieved by the same, the petitioner filed Ext.P11 representation before the Deputy Director of Education, seeking for a reconsideration. It is prayed that Ext.P11 may be directed to be considered in accordance with law, within a time frame. 3. There will be a direction to the first respondent to take a decision on Ext.P11 after hearing the petitioner and any other affected parties, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/