IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 27945 of 2010(P) -------------------------- PETITIONER(S): --------------- 1. MONY C.S., PRINCIPAL, G.H.S.S., KUMARAPURAM, AMBIKAPURAM P.O., PALAKKAD, PIN-678 011. 2. PARVATHI M., PRINCIPAL, G.H.S.S., CHUNDAMPETTAH, PALAKKAD. BY ADV. SMT.K.P.GEETHA MANI SMT.ASWATHI APPUKUTTAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 27945/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 5.8.2009 SUBMITTED BY THE FIRST PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATED 5.8.2009 SUBMITTED BY THE SECOND PETITIONER. EXT.P3: COPY OF THE G.O.(P) NO.213/09/GL.EDN. DATED 2.11.2009 ISSUED BY THE GOVERNMENT. EXT.P4: COPY OF THE RELEVANT PAGES OF THE G.O.(RT) NO.1400/10/GL.EDN. DATED 27.3.2010 PROMOTING THE PETITIONERS AS PRINCIPALS. EXT.P5: COPY OF THE REPRESENTATION DATED 17.5.2010 SUBMITTED BY THE FIRST PETITIONER. EXT.P6: COPY OF THE REMINDER DATED 15.7.2010 SENT TO THE FIRST RESPONDENT BY THE FIRST PETITIONER. EXT.P7: COPY OF THE REPRESENTATION DATED 17.7.2010 SUBMITTED BY THE SECOND PETITIONER TO RESPONDENTS. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.27945 of 2010 --------------------------------------------- Dated this the 8th day of November, 2010 JUDGMENT The petitioners are at present working in Government Higher Secondary Schools. 2. The reliefs prayed for in the Writ Petition are for the issue of a writ of mandamus commanding the respondents to promote the petitioners to the post of Principals of Government Higher Secondary Schools with effect from 1.8.2009, for a declaration that they were entitled to be promoted with effect from 1.8.2009 and also to consider Exhibits P5 and P7 representations. 3. The grievance of the petitioners is that in the list published for promotion and posting in the cadre of Principals in Government Higher Secondary Schools, the names of the petitioners were omitted to be included. Thereafter, another list was published and names of the petitioners were included. It is stated that Exhibit P3 was issued admitting the claim made by the petitioners for promotion. The grievance of the petitioners is that WPC No.27945/2010 2 they were promoted subsequently and their seniority is not properly retained. Pointing out these facts and requesting to reinstate the seniority of the petitioners and to grant the monetary benefits with effect from 1.8.2009, the first petitioner submitted Exhibit P5 representation before the Government. The second petitioner submitted Exhibit P7 representation before the Director of Higher Secondary Education. 4. The learned counsel for the petitioners submitted that for the time being, the petitioners would be satisfied, if a direction is issued to consider and dispose of Exhibits P5 and P7 representations. 5. The learned Government Pleader submitted that Exhibit P7 representation was submitted to the Director of Higher Secondary Education. He stated that the authority to consider the grievance voiced by the second petitioner is the Government and therefore, the second petitioner may be directed to submit a fresh representation to the Government. 6. Accordingly, the Writ Petition is disposed of as follows : The first respondent shall consider and dispose of Exhibit P5 representation submitted by the first petitioner and the WPC No.27945/2010 3 representation that may be submitted by the second petitioner within a period of three weeks, 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 the petitioners. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl