IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 94 OF 2009(J) PETITIONER: SARASWATHY V., HIGH SCHOOL ASSISTANT (HINDI), GOVERNMENT HIGHER SECONDARY SCHOOL, PANAMARAM, WAYANAD DIST. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.R.VARUN RESPONDENTS: 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN 695 010. 2. DEPUTY DIRECTOR (EDUCATION), ERNAKULAM, PIN 682 022. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 94 OF 2009 J ------------------------------------------------------ Dated this the 2nd January, 2009 JUDGMENT The petitioner is working as High School Assistant (Hindi) in Wayanad District. It is stated that she was originally appointed as Full Time Junior Hindi Teacher in the same District from 15.6.1999. She was promoted as HSA(Hindi) on 7.7.2003 and is continuing in that post. 2. In Ext.P1 final seniority list of HSA(Hindi) eligible for inter-district transfer, the name of the petitioner was included as serial number 17. The case of the petitioner is that if her service in Wayanad District as Full Time Junior Hindi Teacher is also taken into account, she would have got a place far above serial number 17. The petitioner relies on G.O.(P) No.13/2000/P&ARD dated 27.4.2000 with particular reference to clause 7 thereof, wherein it is provided that service in all cadres in a district has to be reckoned for fixing the seniority of candidates eligible for inter-district transfer. Pointing out the Government Order, petitioner submitted Ext.P2 representation dated 15.12.2008 before the Director of Public Instruction. Ext.P2 is pending consideration. W.P.(C) NO.94 OF 2009 :: 2 :: 3. The reliefs prayed for in the Writ Petition are the following: “i) call for the records leading to Ext.P1 and quash the same to the extent the petitioner is not assigned her due rank therein reckoning her entire service from 15.6.1999 onwards in Wayanad District by the issuance of a writ of certiorari or any other appropriate writ, order or direction. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to assign the petitioner rank in Ext.P1 reckoning her entire service in Wayanad District from 15.6.1999 onwards both as Full Time Junior Hindi Teacher and H.S.A.(Hindi) and transfer her to Ernakulam district on that basis within a time limit to be fixed by this Hon'ble Court. iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to dispose of Ext.P2 within a time limit to be fixed by this Hon'ble Court pending disposal of the Writ Petition; and iv) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil). 4. For the time being, learned counsel for the petitioner submits that the petitioner confines the relief to relief (iii). The request of the petitioner is just and reasonable. The Director of Public Instruction has to consider and dispose of Ext.P2 representation expeditiously. Since it has not been disposed of, petitioner is justified in approaching this Court. W.P.(C) NO.94 OF 2009 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall dispose of Ext.P2 representation as expeditiously as possible and, at any rate, within two weeks from the date of receipt of a copy of the judgment. b) Petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/