IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16047 of 2009(A) -------------------------------- PETITIONERS: ---------------- 1. P. VALSALA, AGED 48 YEARS, W/O. VASUDEVAN, 'HARISREE', KILUMURI P.O., PULASSERY, PALAKKAD DISTRICT. 2. M. SOBHA M., AGED 52 YEARS, W/O. LATE RAJAN, MADATHIL HOUSE, IRUMPALIYAM P.O., VALANCHERY VIA, PALAKKAD DISTRICT. 3. V.P. RADHA, AGED 53 YEARS, W/O. P. SANKARAN, PALLINAMBI HOUSE, PADAMANGALAM, KOTTAKKAL P.O. 4. SUJATHA V.R., AGED 51 YEARS, W/O. P.S. DEVARAJAN, 'AMMALAYAM', NARI KARA P.O., MANJERI, MALAPPURAM. BY DR.GEORGE ABRAHAM, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. BIJU. D.L. HIGHER SECONDARY SCHOOL TEACHER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ARYAD, TRIVANDRUM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16047 OF 2009 --------------------------------------- Dated this the 16th day of June, 2009. J U D G M E N T The petitioners are challenging the seniority list of Higher Secondary School Teacher (Junior). Going by the Special Rules, the posts of H.S.S.T have to be filled up by direct recruitment and by transfer in the ratio 75%:25%. The Public Service Commission published a rank list for direct recruitment in the year 2005. Seeking to report existing vacancies, some of the candidates included in the rank list filed W.P.(C) No.17246/2005. But, in the light of the interim order passed in W.P.(C) No.17246/2005, no appointments were effected in the category of all posts which were earmarked for promotion by transfer. But, at the same time, the candidates who were included in the rank list were being advised by the Public Service Commission for appointment. 2. Exhibit P3 is the provisional seniority list of H.S.S.T (Juniors). Presently, the complaint raised by the petitioners is W.P.(C) No.16047/2009 2 that even though provisional list was published as per Exhibit P3, the same has not been finalized after considering the objections namely, Exhibits P6 to P9 preferred by the petitioners. But, in the meanwhile, steps have been taken to fill up the existing vacancies of H.S.S.Ts. 3. In that view of the matter, finalization of the seniority list has to be done after considering the objections raised by the petitioners and any similarly placed persons. There will be a direction to the 2nd respondent to consider the objections raised by the petitioners, Exhibits P6 to P9, after hearing them or any other affected party within a period of two months from the date of receipt of a copy of this judgment. If any promotions are effected in the meanwhile, the same will be subject to the outcome of the decision to be taken by the Director of Higher Secondary Education. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp