IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 5507 of 2009(G) ------------------------------------- PETITIONER(S): ---------------------- N.R.S.VIJAYAKUMAR, H.S.A (ENGLISH), VICTORY V.H.S.S, OLATHANNI, NEYYATTINKARA, (SARAVANA BHAVAN, KEEZHATHIL, PULLUVILA P.O., TRIVANDRUM-695 526). BY ADV. MR.S.JAMES VINCENT RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 4. THE PRINCIPAL, VICTORY V.H.S.S, OLATHANNI, NEYYATTINKARA. 5. THE MANAGER, VICTORY V.H.S.S, OLATHANNI, NEYYATTINKARA. 6. ALEYAMMA ABRAHAM, H.S.A (SOCIAL SCIENCES), VICTORY V.H.S.S, OLATHANNI, NEYYATTINKARA. R1 TO R3 BY GOVERNMENT PLEADER MR.P.K. RAVIKRISHNAN R6 BY ADV. MR.K.PRAVEEN KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5507/2009-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01/06/1999, WITH THE 3RD RESPONDENT'S ENDORSEMENT OF APPROVAL. EXT.P2: COPY OF THE EXTRACT OF PETITIONER'S SERVICE BOOK (11 PAGES). EXT.P3: COPY OF THE G.O.(MS)177/88/G.EDN. DATED 07/12/1988. EXT.P4: COPY OF THE G.O.(MS)11/02/G.EDN. DATED 07/01/2002. EXT.P5: COPY OF THE G.O.(MS)NO.187/2003/G.EDN. DATED 16/07/2003. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDNT ON 07/05/2005. EXT.P7: COPY OF THE SENIORITY LIST OF STAFF OF VICTORY V.H.S.S. OLATHANNI AS ON 01/04/2000. EXT.P8: COPY OF THE REMINDER SBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ON 08/09/2008. EXT.P9: COPY OF THE LETTER NO.B4/6581/08 DATED 16/09/2008 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P10: COPY OF THE PETITION TO DEO DATED 20/09/2008. EXT.P10(a): COPY OF THE LETTER NO.A1/8188/08 DATED 31/12/2008 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P11: COPY OF THE PETITION DATED 05/01/2009 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMTION ACT. EXT.P12: COPY OF THE LETTER NO.A1/128/09 DATED 16/01/2009 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P13: COPY OF THE G.O.(P)NO.175/99/UP DATED 26/07/1999. EXT.P13(a): COPY OF THE G.O.(P)240/99/G.EDN. DATED 29/09/1999. EXT.P14: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ON 06/01/2009. EXT.P14(a): COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ON 06/01/2009. EXT.P14(b): COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT ON 06/01/2009. EXT.P15: COPY OF THE DETAILED PETITION SUBMITTD BY THE PETITIONER TO THE 1ST RESPONDENT ON 12/01/2009, WITH THE A/D CARD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5507 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2009. JUDGMENT The petitioner is reportedly working as High School Assistant (English) in the Vocational Higher Secondary School, Olathanni at Neyyattinkara. He was appointed as High School Assistant (Social Science) against a vacancy that arose consequent on the creation of a regular additional division with effect from 1.6.1999. The petitioner has got necessary qualifications in B.A. (English) and B.Ed. (English). Exts.P1 and P2 have been produced to support the said contention. 2. The petitioner seeks a category change as H.S.A. (English) in the light of the various Government Orders, Exts.P3 to P5. The 6th respondent is the rival claimant. The educational officer, viz. the District Educational Officer, Neyyattinkara has passed Ext.P10(a) order stating that he has no authority to change the category of a teacher of an aided school from a particular category to another for one reason or another reason. It is submitted by the learned counsel for the petitioner that seeking for appropriate directions, the petitioner has approached the Government by Ext.P15 representation and it is further requested that the Government may wpc 5507/2009 2 be directed to consider and pass orders on Ext.P15 after hearing all parties. The first respondent will therefore pass appropriate orders on Ext.P15 after hearing the petitioner and respondents 3 to 6, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/