IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 3492 of 2006(N) ------------------------- PETITIONER(S): --------------- MEENA GEORGE, AGED 40 YEARS, W/O.JOSEPH MATHEW, L.P.S.A., HOLY FAMILY HIGH SCHOOL, PARAMPUZHA, KOTTAYAM DIST., RESIDING AT OTTAPLAKKIL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH SRI.LAJI SAM ZACHARIAH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the letter dated 15.11.2005 issued by the 3rd respondent. Ext.P2. True copy of the Circular No.48172/J2/90/G.Edn./J. Dept dated 22.9.1990 Ext.P3. True copy of the Circular No.52373/J2/93/Edn./J.Dept dated 6.3.1998. Ext.P4. True copy of the represent ion dated 12.12.2005 by the petitioner before the 3rd respondent. Ext.P5. True copy of the order issued 3rd respondent dated 22.12.2005. Ext.P6. True copy of the judgment in O.P.No.36489/00 dated 13.12.2004. // true copy// P.A to Judge ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 3492/2006 ------------------------ Dated this the 19th day of December, 2008. JUDGMENT The prayers sought for in this writ petition are to quash Exts.P1 and P5 and to declare that the petitioner is entitled to have grade promotion reckoning the provisional service which she has rendered prior to her regular service. It is seen that similar issues have been decided by this court in various cases and the claim like one raised in this writ petition has been upheld in the judgments. Counsel for the petitioner makes reference to the W.A. No.1224/2005 and WP(c).No.15147/05 in this regard. 2. In the light of the judgment referred to above, the petitioner is entitled to succeed. Therefore, it is directed that the audit objection evidenced by Exts.P1 and P5 shall stand set aside and the petitioner will be entitled to grade promotion reckoning his provisional service. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ (ANTONY DOMINIC) JUDGE vi/