IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 12499 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. SUJA JOSEPH, U.P.S.A., A.T.G.V.H.S.S., MANKOMBU. 2. SONIA A.D., U.P.S.A., G.J.B.S., PUNNAPRA. 3. PRAMEELA G., U.P.S.A., GOYMA U.P.S., PUNNAPRA. 4. RAVINDRAN S., U.P.S.A., G.U.P.S., THAKAZHI. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): --------------- DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. GOVT.PLEADER SRI.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.P.(C) No.12499 of 2009 ---------------------------------------------- Dated 2nd July, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed with the following prayers :- (i) “To issue a writ of mandamus or any other writ, order or direction commanding the respondent to promote the petitioners to the post of HSA Malayalam in Alappuzha District in accordance with Ext.P1 seniority list. (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to fill up the vacancies earmarked for promotion as per Ext.P2 special rules”. Learned Government Pleader submits that promotions could not be effected in view of the pendency of W.A.No.78/09 and Con.Case (Civil) No.109/09. But the fact remains that there are dearth of teachers. Therefore, pendency of the cases before this court shall not stand in the way of promotion of the incumbents, if otherwise eligible being made in accordance with the rules, making them subject to the result of the litigations. It is made clear that the promotions thus effected shall not stand in the way of consideration of the claim of the direct recruits. W.P.(c) NO.12499/09 2 Therefore, the promotion shall be made provisional and subject to the result of the pending cases. It shall be made so clear in the promotion orders. Orders shall be issued within one week from today. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.P.(C) No.12499 of 2009 ---------------------------------------------- J U D G M E N T Dated 2nd July, 2009.