IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24571 of 2008(A) ----------------------------------------------- PETITIONERS: -------------------- 1. V.ANILKUMAR, AGED YEARS, S/O.VIDHYADHARAN, UPPER PRIMARY SCHOOL ASSISTANT (UPSA), GOVERNMENT HIGHER SECONDARY SCHOOL, MOOTHEDATHU, MOOTHEDAM.P.O, MALAPPURAM DISTRICT. 2. NOUSHADALI.P, S/O.AHAMMED, U.P.S.A, GOVERNMENT UPPER PRIMARY SCHOOL, ERANHIMANGAD, ERANHIMANGAD.P.O, MALAPPURAM DISTRICT. 3. S.PRASAD, U.P.S.A, GOVERNMENT HIGHER SECONDARY SCHOOL, KARUWARAKUNDU, KARUWARAKUNDU PO, MALAPPURAM DISTRICT. 4. V.C.MOHANADASAN, U.P.S.A, GOVERNMENT HIGHER SECONDARY SCHOOL, KARUWARAKUNDU, KARUWARAKUNDU.P.O, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCAITON DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 24571 OF 2008 ............................................................................ Dated this the 14th August, 2008 J U D G M E N T The petitioners are Post Graduates in Commerce with B.Ed and SET qualification. They are working as U.P.S.A in the General Education Department. As per the Special Rules for the Kerala Higher Secondary Education State Service as well as Kerala Higher Secondary Education Subordinate Service, 25% of the cadre strength of Higher Secondary School Teacher (Commerce) and Higher Secondary School Teacher (Commerce) (Junior) is earmarked to H.S.As, U.P.S.As,and L.P.S.As having the requisite qualification for appointment to the above post by transfer appointment, based on the seniority list. The seniority list is to be prepared by the Director of Higher Secondary Education. It is stated that the last of such seniority list was the one prepared in the year 2005 and all those qualified persons included in the said seniority list were promoted as Higher Secondary School Teacher (Commerce) and Higher Secondary School Teacher (Commerce)(Junior). 2. It is stated that the petitioners are qualified persons to be appointed as HSST (Commerce) and HSST (Commerce)(Junior) after 2005. The grievance of the petitioners is that since a fresh seniority list is not prepared, though they are entitled to be promoted as HSST (Commerce) and HSST (Commerce) (Junior), they are not getting that benefit. Pointing out their grievances, the petitioners have submitted Ext. P6 representation dated 30.07.2008 to the W.P.(C) No. 24571 OF 2008 2 Director of Higher Secondary Education. Ext.P6 representation is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to prepare a seniority list of qualified High School Assistants/Upper Primary School Assistants/Lower Primary School Assistants working in the General Education Department for promotion to the post of Higher Secondary School Teachers (Commerce) and Higher Secondary School Teachers (Commerce)(Junior) without any further delay. ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to include the petitioners in the seniority list of qualified teachers working in the General Education Department for promotion to the posts of Higher Secondary School Teachers (Commerce) and Higher Secondary School Teachers (Commerce) (Junior); iii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P6 representation submitted by the petitioners; iv) to grant such other and further reliefs as this Honourable Court may consider just and proper in the facts and circumstances of the case. “ 4. Heard learned counsel for the petitioners and the learned Government W.P.(C) No. 24571 OF 2008 3 Pleader who took notice for respondents. Learned counsel for the petitioners submits that, for the present, the petitioners would be satisfied if a direction is issued to the Director of Higher Secondary Education to consider and dispose of Ext. P6 representation submitted by the petitioners and to take necessary steps for preparation of the seniority list. Learned Government Pleader submitted that Ext.P6 representation will be disposed of expeditiously by the Director of Higher Secondary Education. Accordingly, the Writ Petition is disposed of directing the Director of Higher Secondary Education to consider and pass orders on Ext. P6 representation submitted by the petitioners as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioners. It is made clear that any of the petitioners is entitled to represent the rest of them. It is also made clear that it is sufficient if the Director of Higher Secondary Education issues notice to the first petitioner, for and on behalf of all the other petitioners. K.T. SANKARAN, JUDGE. lk