IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 7851 of 2011(F) ------------------------- PETITIONER(S): -------------------------- 1. SMT.M.V.GEETHA, D/O.I.DAMODHARAN NAMBIAR AGED 42 YEARS, RESIDING AT `GEETHAS', CHELERI P.O.-670 604, KANNUR DISTRICT. 2. SMT.N.V.SUBHADRA, D/O.K.SUBRAMANIAN NAMBOODHIRI, AGED 43 YEARS, RESIDING AT `ANUGRAHA', NEAR KADALAYI SREE KRISHNA TEMPLE, CHIRRKKAL, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR SRI.C.X.ANTONY BENEDICT RESPONDENT(S): ------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, D.E.O'S OFFICE, KANNUR-670 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY, KANNUR DISTRICT-670 561. 3. THE MANAGER, KANNADIPARAMBA DESHA SEVA U.P.SCHOOL, KANNADIPARAMBA, PAPPINISSERY, KANNUR-670 561. R3 BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. R1 & R2 BY GOVT. PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.7851/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DT. 1.7.1988. P2:- COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DT. 10.7.1989. P3:- COPY OF THE REPRESENTATION DTD. 3.8.2010 SUBMITTED BY THE PETITIONERS BEFORE THE DEPUTY DIRECTOR OF EDUCATION. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER DTD. 15.9.2010 BEFORE THE DISTRICT EDUCATIONAL OFFICER. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DTD. 13.9.2010 BEFORE THE DISTRICT EDUCATIONAL OFFICER. P6:- COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR DTD. 01.12.2010. P7:- COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DTD. 24.2.2011. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE ACQUITTANCE ROLL OF THE ESTABLISHMENT DTD 8.4.2011. R3(b):- COPY OF THE SENIORITY LIST OF THE MANAGEMENT WITH RESPECT TO THE TEACHERS IN THE SCHOOL. TRUE COPY P.S.TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7851 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The petitioners who are working as Upper Primary School Assistants in the school managed by the third respondent, have filed this writ petition seeking for a direction to the Manager to implement Exts.P6 and P7 issued by the District Educational Officer and by the Deputy Director of Education. It is the case of the petitioners that going by the said orders, they will have to be retained as Upper Primary School Assistants. The other issue that is raised is with regard to the finalisation of the seniority list. 2. The third respondent has filed a counter affidavit. It is pointed out that the petitioners were treated as Upper Primary School Assistants from 7.3.2011 and they signed the acquittance register on 7.3.2001. It is thus pointed out that the Manager has already complied with the orders of the Educational Officers treating the petitioners as U.P.S.As. The same is recorded. It is also evident from the averments in the counter affidavit that the Manager has produced the seniority list for approval before the District Educational Officer. Learned counsel for the petitioners submitted that the scale of pay shown in Ext.R3(b) is not correct, as far as the petitioners are wpc 7851/2011 2 concerned. 3. It is not clear from Ext.R3(b) whether it has been provisionally approved or not. It is open to the petitioners to raise their objection in the matter, which will be duly considered by the District Educational Officer, along with the objection, if any, of other teachers and steps will be taken to finalise the seniority list in accordance with rules, expeditiously. With the above direction, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/