IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 17417 of 2008(W) PETITIONER: JAYACHITRA.C.L, W/O.HARIKRISHNAN, PADIPPURACKAL HOUSE, KURATTISSERY, MANNAR (HIGHER SECONDARY SCHOOL TEACHER (JR.)(ECONOMICS), NAIR SAMAJAM HIGHER SECONDARY SCHOOL, MANNAR). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM 1. 3. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA. 5. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 6. MANAGER, NAIR SAMAJAM HIGHER SECONDARYSCHOOL/ NAIR SAMAJAM BOYS' HIGH SCHOOL/ NAIR SAMAJAM GIRLS' HIGH SCHOOL/ TTI, MANNAR. 7. VINEETHA BALAKRISHNAN, HIGH SCHOOL ASSISTANT (MALAYALAM), NAIR SAMAJAM BOYS' HIGH SCHOOL, MANNAR. R7 BY ADV. SRI.B.RENJITHKUMAR R1 TO R4 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER AS UPSA DATED 6/6/2001 ISSUED BY RESPONDENT NO.6. EXT.P2 TRUE COPY OF THE ORDER NO.ACD.C3/18105/HSE/2001 DATED 7/8/2002 ISSUED BY RESP0ONDENT NO.2. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 1/3/2004 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.5. EXT.P4 TRUE COPY OF THE JUDGMENT DATED 23/6/2006 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.16311/2006. EXT.P5 TRUE COPY OF THE ORDER DATED 31/8/2006 PASSED BY RESPONDENT NO.6. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 6/5/2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 5. RESPONDENTS' EXHIBITS: EXT.R5(a) TRUE COPY OF THE APPROVAL OF THE THIRD RESPONDENT AS UPSA EXT.R5(b) TRUE COPY OF THE LETTER NO.B4-8692/06 DATED 5.8.08. EXT.R7(a) TRUE COPY OF REPLY LETTER GIVEN BY THE FIFTH RESPONDENT TO THE 7TH RESPONDENT ON 28.7.2008. EXT.R7(b) TRUE COPY OF ORDER DATED 8.6.2007 OF THE FOURTH RESPONDENT. EXT.R7(c) TRUE COPY OF REVISION DATED 15.11.2007 FILED BY THE 7TH RESPONDENT BEFORE THE THIRD RESPONDENT. //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17417 OF 2008 W -------------------------------------------- Dated this the 2nd September, 2008 JUDGMENT Petitioner was appointed as Upper Primary School Assistant as per Ext.P1 order dated 6.6.2001. The petitioner was promoted as Higher Secondary School Teacher (Junior) in Economics, with effect from 4.7.2001. As per Ext.P2 order dated 7.8.2002, the Director of Higher Secondary Education approved the appointment of the petitioner as HSST (Jr.) (Economics) only with effect from 13.11.2001. Petitioner wanted the period of her service from 4.7.2001 to 12.11.2001 to be regularized. She submitted representations before the District Educational Officer in this regard. After the appointment of the petitioner as HSST (Jr.) (Economics), the Manager appointed the seventh respondent as UPSA. The appointment of the seventh respondent was approved provisionally by the District Educational Officer subject to the approval of the appointment of the petitioner as HSST (Jr.). As per Ext.P4 judgment dated 23.6.2006 in W.P.(C) No.16311 of 2006, this Court directed the District Educational Officer to consider the question of relaxation of the service of the petitioner. The District Educational Officer thereafter passed Ext.P5 order dated 31.8.2006. The operative portion of Ext.P5 order reads as follows: W.P.(C) NO.17417 OF 2008 :: 2 :: “Based on the arguments and on verification of the records connected with the issue it is observed that Smt.Vineetha Balakrishnan is appointed in the vacancy of the petitioner who has been appointed as HSS Teacher. As such for adjusting the lien of the petitioner as UPSA for the period she had worked as HSS Teacher from 4-7-01 to 12- 11-01, adjustment of lien of Smt.Vineetha Balakrishnan and subsequent appointment of juniors in the category is to be done, as more than one person cannot be paid at a time in the same vacancy. The Manager who is competent to adjust the lien of the teachers connected with the issue is hereby directed accordingly.” 2. The seventh respondent filed appeal to the Deputy Director of Education challenging Ext.P5 order. The Deputy Director of Education dismissed the appeal, as per Ext.R7(b) order dated 8.6.2007. The seventh respondent filed Ext.R7(c) Revision before the Director of Public Instruction challenging Ext.R7(b) order. Ext.R7(c) Revision is pending disposal. Petitioner had submitted Ext.P6 representation dated 6.5.2008, seeking implementation of Ext.P5 order and to relax the service of the petitioner for the period from 4.7.2001 to 12.11.2001. Ext.P6 representation was sent to the Secretary to the Government, Director of Higher Secondary Education, Director of Public Instruction, Deputy Director of Education and the District Educational Officer. Ext.P6 is not disposed of by any of the authorities to whom it was submitted. 3. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ in the nature of mandamus or any W.P.(C) NO.17417 OF 2008 :: 3 :: other appropriate writ or order directing respondent Nos.5 and 6 to implement Ext.P5 order forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.6 to regularize the service of the petitioner from 4/7/2001 to 12/11/2001 and to disburse salary and allowances to her in the post of Upper Primary School Assistant during the said period, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 5 to consider and pass final orders on Ext.P6 representation with notice and opportunity of hearing to the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.6 to consider the petitioner for promotion to the post of Higher Secondary School Teacher (Economics) (Full Time) taking into account Ext.P5 order, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and v) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 4. Learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if the Director of Public Instruction is directed to dispose of Ext.R7(c) Revision filed by the seventh respondent and Ext.P6 representation submitted by the petitioner expeditiously. Learned Government Pleader submitted that the Director of Public Instruction will consider the same and pass appropriate orders shortly. W.P.(C) NO.17417 OF 2008 :: 4 :: In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The Director of Public Instruction shall consider and dispose of Ext.R7(c) Revision filed by the seventh respondent and Ext.P6 representation submitted by the petitioner, in accordance with law, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, respondents Nos.6 and 7 and any other affected person. b) The petitioner and respondents Nos.6 and 7 would be entitled to produce such other materials and documents, as are relevant, before the Director of Public Instruction. c) Petitioner shall produce a copy of the Writ Petition, copy of the counter affidavit filed by the fifth respondent, copy of the counter affidavit filed by the seventh respondent and certified copy of the judgment before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/