IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 27517 of 2010(L) -------------------------- PETITIONER(S): --------------- ALICE.A.F., H.S.A., G.H.S. KANNATTUPADAM, PO PALAPPILLY, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 2. DEPUTY DIRECTOR OF EDUCATRION, THRISSUR-680609. 3. THE HEADMISTRESS, GOVERNMENT HIGH SCHOOL KANNATTUPADAM, PO PALAPPILLY, THRISSUR-680304. SMT.NISHA BOSE, GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.27517 OF 2010 ------------------------------ Dated this the 6th day of October, 2010 JUDGMENT The petitioner is working as HSA in GHS, Kannattupadam, Thrissur District. It is stated that she was included as Serial No.239 in ExhibitP1 seniority list. It is also stated that her Confidential Reports were forwarded by the Headmistress to the Deputy Director of Education well within time. Exhibit P3 order dated 25.5.2010 was issued by the Director of Public Instruction ordered promotion and posting of 359 H.S.As. The name of the petitioner was not included in Exhibit P3 list. According to the petitioner, the Confidential Report, though sent within time, did not apparently reach at the office of the Director of Public Instruction. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: W.P.(C).No.27517 OF 2010 2 A) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to revise Exhibit P-3 list by including the petitioner in the appropriate place in accordance with her merit and eligibility. B) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to take up and dispose of Exhibit P-4 forthwith, and C) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.” 3. A statement dated 18th September, 2010 was filed by the Administrative Assistant in the office of the Deputy Director of Education, Ernakulam wherein it is stated as follows: “2. As per this office Circular No.D6/001/2010/DPI dated 01.01.2010, this office has called for the confidential report for promotion of staff of teaching and non teaching Branch in Educational Department. As per Circular last date for submission of confidential report was on or before 20.01.2010. Subsequently, the DPC held on 29.3.2010 decided not to consider the H.S.As who have not furnished their confidential report for the last 3 years ending on 31.12.2009. Petitioner has submitted the confidential report for the year 1.1.2007 to 31.12.2007 and 01.01.2008 to 31.12.2008 before the DPC held on 29.3.2010. But confidential report for the year 01.01.2009 to 31.12.2009 was not submitted. W.P.(C).No.27517 OF 2010 3 This position is stated in the Agenda note in page No.37 Sl.No.259. The Confidential Report for the above period was received only on 27.5.2010. The officer who reviewed the confidential report is Smt.Baby Usha Kiran, Deputy Director of Education, Thrissur who took charge at Thrissur only on 11.5.2010 by order dated 19.4.2010. 3. In this circumstances, it is clear that petitioner has not submitted all the confidential report within time. As such, DPC decided not to include her name in the select list for promotion. The list of H.S.As who were not considered by the DPC (Lower) was also published in Kerala Gazette extra ordinary dated 19.4.2010 and the petitioner is included as Sl.No.227 in it. So she was not included in the ExhibitP3 promotion order. 4. Subsequent ad hoc departmental promotion committee held on 4.8.2010 decided to include petitioner in the select list for promotion as Sl.No.16. The list was approved by Government vide LR.No.44286/C2/2010/G.Edn. Dated 3.9.2010 and the list was forwarded to the Government press for publication in Kerala Gazette by notification No.D6/01/2010 DPI dated 9.9.2010. Earnest steps will be taken to promote her after the completion of the process of general election, 2010.” In view of the statement dated 18th September, 2010 quoted above, necessary steps shall be taken by respondents 1 and 2 to include the name of the petitioner in Exhibit P3 list at the appropriate place as stated in the statement. Steps to promote W.P.(C).No.27517 OF 2010 4 the petitioner shall also be taken by the first respondent without delay, after the election to the local bodies is over. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms