IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 32928 of 2010(M) -------------------------- PETITIONER(S): --------------- B.SYAMALA, HIGH SCHOOL ASSISTANT (SS), SNMVHSS, VANNAPPURAM, THODUPUZHA, IDUKKI. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE ADDL. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 4. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI DISTRICT-685 584. 5. THE PRINCIPAL, S.N.M.VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM P.O., THODUPUZHA, IDUKKI DISTRICT, PIN-685 582 6. PUSHPALATHA M.N., H.S.A., SNMVHSS, VANNAPPURAM, THODUPUZHA, IDUKKI DISTRICT-685 582 . ADV. SRI.V.A.MUHAMMED FOR R6 SRI.K.E.HAMZA FOR R6 BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, ALONG WITH WPC NO. 34999 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).No.32928 & 34999 OF 2010 ---------------------------------- Dated this the 26th day of November, 2010 JUDGMENT WP(C) No.32928 of 2010 is filed by B.Syamala, while, WP(C) No.34999 of 2010 is filed by Pushpalatha. Syamala and Pushpalatha are working in S.N.M.V.H.S.S, Vannappuram. 2. Syamala was originally appointed on 2.6.1982. Pushpalatha was appointed on 29.7.1983. However, Syamala was deployed on protection for the period from 9.12.1988 to 4.3.1993. On 28.3.2008, the District Educational Officer finalised the seniority list, as per which Syamala was shown as serial No.10 and Pushpalatha was shown as serial No.6. Aggrieved by the seniority list finalised by the District Educational Officer, Syamala filed an appeal before the Director of Public Instruction, who disposed the appeal as per the order dated 25.9.2010 (Ext.P4 in WP(C) No.32928 of 2010 and W.P.(C).No.32928 & 34999 OF 2010 2 Ext.P3 in WP(C) No.34999 of 2010). The contention put forward by Syamala that the period of deployment also should be taken into account for fixing the seniority was not accepted by the Director of Public Instruction. Challenging the order passed by the Director of Public Instruction, Syamala filed a revision dated 11.10.2010 before the Government (Ext.P5 in WP(C) No.32928 of 2010). That revision is pending disposal. 3. Meanwhile, Rule 37 of Chapter XIV A was amended as per SRO No.732/2010 which was published as per GO(P) No.130/2010/G.Edn. dated 23.7.2010. As per the amendment, a proviso was added to sub rule 1 of rule 37 of Chapter XIV A KER. The proviso is to the effect that the period of service rendered in the parent school or in another school by a teacher, who is relieved under Rule 52, shall be reckoned for seniority on his re-appointment to the parent school. W.P.(C).No.32928 & 34999 OF 2010 3 4. Sri. M.P.Ashok Kumar, the learned counsel appearing for Syamala contended that the amendment is declaratory in nature and therefore, it has retrospective effect as well. Sri.V.A.Mohammed, the learned counsel appearing for Pushpalatha contended that the amendment is only prospective in nature. It is also contended by Sri.Mohammed that the post of Headmaster became vacant on 1.4.2010. Only because there was a management dispute, Pushpalatha was not appointed as Headmistress. Had she been appointed as Headmistress on the date of occurrence of vacancy, the amendment which came into force on 23.7.2010, would not have affected her. Only because of the fact that there was a management dispute, the interpretation of law could not be otherwise and the relevant date is the date of occurrence of vacancy. 5. On the basis of the order passed by the District Educational Officer, on 28.3.2008, and the W.P.(C).No.32928 & 34999 OF 2010 4 order dated 25.9.2010 passed by the Director of Public Instruction, Pushpalatha moved the Government for implementing those orders (Ext.P8 in WP(C) No.34999 of 2010). That representation is also pending disposal before the Government. The learned counsel appearing for the parties submitted that since the matter is now pending before the Government, it would be sufficient, if the Government is directed to dispose of the revision filed by Syamala and the representation filed by Pushpalatha. It is also submitted that all the questions raised by the parties may be left open to be considered by the Government. Sri.Mohammed also submitted that even going by the seniority list, it can be seen that there are other affected parties, who are not made parties in the Writ Petition filed by Syamala. He submits that it is necessary that those affected parties also should be heard by the Government. W.P.(C).No.32928 & 34999 OF 2010 5 In the facts and circumstances of the case, the Writ Petitions are disposed of as follows: The first respondent in the Writ Petitions shall dispose of Ext.P5 revision dated 11.10.2010 filed by Syamala and Ext.P8 representation dated 30.7.2010 filed by Pushpalatha, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to Syamala, Pushpalatha and all the other affected parties. The Government shall take into account all the contentions put forward by the parties and take a final decision in the matter. It is submitted that Pushpalatha is continuing as Headmistress in charge, as per the orders passed by the Educational authorities. Pending disposal of the revision and the representation by the Government as stated above, Pushpalatha shall W.P.(C).No.32928 & 34999 OF 2010 6 continue as teacher in charge. The respective petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms