IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19166 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ SHEEJA.M,FULL TIME JUNIOR LANGUAGE TEACHER(HINDI),GOVERNMENT H.S.S.,NORTH EDAPPALLY. BY ADVS. SRI.M.V.BOSE, SRI.VINOD MADHAVAN. RESPONDENT(S): ---------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD,ERNAKULAM,PIN-682021. 3. M.LEELA,H.S.A.(HINDI),GOVERNMENT HIGH SCHOOL,MUPPATHADAM,ERNAKULAM DISTRICT. 4. SUSEELA.K,H.S.A HINDI),GOVERNMENT HIGH SCHOOL, KADAYIRIPPU,MOOVATTUPUZHA, ERNAKULAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 19166 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2010 J U D G M E N T The petitioner is presently working as a Full Time language teacher (Hindi) in Government Higher Secondary School, North Edappally in Ernakulam District. She was advised for appointment as Upper Primary School Assistant by the Public Service Commission on 5.8.2000. In the said advice list, according to the petitioner, the 3rd and 4th respondents were placed below her. Pursuant to the advice, the petitioner was given appointment as per Ext.P1. However, the Headmistress of the school to which the petitioner was posted as per Ext.P1 informed the petitioner as regards the non availability of post to accommodate her. The Headmistress had also intimated the same to the second respondent. Thereupon, a revised posting order was issued as per Ext.P2. Pursuant to the same, the petitioner has joined in Government High School, Poika on 29.9.2000. Subsequently, the provisional seniority list of the Upper Primary School Assistants was published in the year 2007 and in the said list WPC.19166/2010 : 2 : respondents 3 and 4 were assigned seniority over the petitioner. Immediately, the petitioner has submitted an objection against her wrong placement in the seniority list. Later, in the provisional list of eligible language teachers (Hindi) for the year 2009-2010 prepared for effecting promotion to the post of H.S.A(Hindi) the petitioner was again shown as junior to such juniors. Thereupon, the petitioner has submitted Ext.P3 objection before the 2nd respondent. Without taking action on Ext.P3, the 2nd respondent promoted the 3rd respondent as High School Assistant(Hindi) as per Ext.P4 order. The petitioner has objected to the same as per Ext.P5. Ext.P6 written statement was also submitted before the 2nd respondent. After hearing the petitioner as also the concerned respondents Ext.P7 order was issued by the 2nd respondent rejecting the objection raised by the petitioner. Feeling aggrieved by Ext.P7 order, the petitioner approached the first respondent through Ext.P8. It is thus obvious from the facts expatiated earlier that despite the receipt of Ext.P3 from the petitioner raising his grievances with respect to the provisional list for promotion no action was taken thereon and WPC.19166/2010 : 3 : Ext.P4 order of promotion was issued in the meanwhile. The objection raised by the petitioner as per Ext.P5 against the promotion of the 3rd respondent was subsequently rejected as per Ext.P7 . As already noticed, Ext.P8 filed against Ext.P7 order is pending before the first respondent. In the circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P8 and pass orders thereon expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment with notice to petitioner and 3rd respondent. In the meanwhile, the second respondent shall consider and pass orders on Ext.P3 objections, in case, it has not already been disposed of, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge