IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 OP.No.32745 of 2002(W) ---------------------------- PETITIONER: -------------- USHA SUSAN VARGHESE, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), COTTON HILL GIRLS HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM - 695 014. BY MR.B.RAGUNATHAN, ADVOCATE. MR.G.S.MOHANDAS, ADVOCATE. MR.S.BALAN PILLAI, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM - 695 001. 3. SMT.K.P.SUMANGALA, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), GOVERNMENT HIGH SCHOOL, VAKKOM - 695 308. BY MR. P.K. RAVIKRISHNAN, GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.32745/2002 Order on C.M.P.No.55445/2002 in O.P.No.32745/2002 Dismissed. 26.05.2009 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE NOTIFICATION DTD. 17.5.91 OF THE KPSC. EXT. P1(a) : COPY OF THE EXTRACT (PAGE No.7) OF THE SERVICE BOOK OF PETITIONER. EXT. P2 : COPY OF ORDER DTD. 4.5.02 OF 2ND RESPONDENT ALONG WITH THE SENIORITY LIST (RELEVANT PORTION). EXT. P3 : COPY OF THE REPRESENTATION DTD.20.5.02 TO 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P No.32745 OF 2002 --------------------------------------- Dated this the 26th day of May, 2009. J U D G M E N T The main grievance raised by the petitioner in this writ petition is regarding issue of seniority which, it is submitted, has been settled in favour of the petitioner subsequent to the filing of the writ petition. The petitioner, in this writ petition, seeks to challenge Exhibit P2 whereby the Director of Higher Secondary Education took steps to circulate a provisional seniority list of H.S.As and U.P.S.As/L.P.S.As. The date of effective advice assigned to the petitioner therein is 10.07.1990 instead of 15.06.1990. 2. In paragraph 5 of the counter affidavit it is stated that the date reckoned for seniority in respect of the petitioner has been corrected as 15.06.1990 on the basis of the information furnished by her subsequently. Therefore, as regards the petitioner, now the issue regarding seniority is settled in her favour. O.P No.32745/02 2 3. Learned counsel for the petitioner submitted that actual vacancy arose in the year 2000, but appointment as H.S.S.T was approved only with effect from 2002. It is submitted that there were several cases pending before the Apex Court with regard to similar appointments and in some cases the Director has granted approval for promotion as H.S.S.T with retrospective effect. It is submitted that the petitioner is also entitled for a similar benefit. If the petitioner files appropriate representation claiming such relief within a period of six weeks from today, the same will be considered by the Director of Higher Secondary Education and appropriate orders will be passed in accordance with law within a further period of three months thereafter. With the above direction, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp