IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33715 of 2009(H) -------------------------- PETITIONER(S): --------------- MARIAMMA CHACKO, HIGHER SECONDARY SCHOOL TEACHER-JUNIOR-HINDI GOVERNMENT HIGHER SECONDARY SCHOOL, NEDUMKUNNAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM-1. BY SR. GOVT. PLEADER SRI. A.J VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33715 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T The petitioner is working as HSST-Junior-Hindi in the Government Higher Secondary School, Nedumkunnam. 2. She joined as H.S.A on being advised by the Public Service Commission as per advice dated 24.4.1992. She was appointed as H.S.A (Physical Science) as per order dated 19.5.1992 issued by the Deputy Director of Education, Kottayam. In terms of her Post Graduate qualification in Hindi as well as B.Ed Degree in Hindi and passing of State Eligibility Test (SET), the petitioner was appointed as HSST-Junior by transfer. On 2.12.2008 as per Ext.P3 order, her service was regularised with effect from 30.10.2006. Ext.P4 shows that the petitioner's probation has also been declared as successfully completed with effect from 23.11.2008. 3. Ext.P5 is the final seniority list published by the Director of Higher Secondary Education in respect of HSST (Juniors) as on 01.01.2009. Petitioner is shown as W.P ( C) No.33715 of 2009 2 serial number 190 in Ext.P5. 4. The main grievance raised by the petitioner is that the seniority in respect of persons like the petitioner i.e, in the by transfer category is not reckoned in terms of 3rd proviso to Rule 27 of K.S & S.S.R. 5. In these circumstances, the petitioner has approached the Government by filing Ext.P6 representation under Rule 27B of General Rules of K.S & S.S.R. 6. Learned counsel for the petitioner submitted that as the Director of Higher Secondary Education has not considered the effect of 3rd proviso to Rule 27 of K.S & S.S.R, the said aspect may be directed to be considered by the Government. 7. As Ext.P6 is filed by the petitioner invoking Rule 27B of K.S & S.S.R, it is up to the Government to take a decision on Ext.P6, in accordance with law, after hearing the petitioner and any other affected parties within a period of five months from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed any thing on the merits of the claim. W.P ( C) No.33715 of 2009 3 Petitioner will produce a copy of the writ petition along with copy of this judgment before the 1st respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.33715 of 2009 4