IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20051 of 2008(K) PETITIONER: ------------ P.M.USHA,S/O G. MADHAVA VADHYAR, AGED 47 YEARS, HIGH SCHOOL ASSISTANT (MATHEMATICS) S.N.M. HIGHER SECONDARY SCHOOL, PURAKKAD, AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE MANAGER, S.N.M. HIGHER SECONDARY SCHOOL, PURAKKAD, AMBALAPUZHA, ALAPPUZHA DISTRICT 4. SMT. JAYALAKSHMI, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (MATHS), S.N.M. HIGHER SECONDARY SCHOOL, PURAKKAD, AMBALAPUZHA, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20051 OF 2008 K -------------------------------------------- Dated this the 3rd July, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, notice to respondents 3 and 4 is not necessary. Government Pleader takes notice for respondents 1 and 2. 2. The petitioner is working as HSA (Mathematics) in S.N.M.Higher Secondary School, Purakkad. It is stated that she possesses M.Sc. (Mathematics) and B.Ed. and that she has fifteen years of continuous service in the School. She has also passed M.Sc.. During the academic year 1998-99, Plus-two Course was sanctioned to the School. Though the petitioner was appointed as Higher Secondary School Teacher (Maths) for an earlier period, that was not approved. It is stated that one post of Higher Secondary School Teacher (Junior) (Maths) was sanctioned to the School with effect from 15.7.2000. Against the anticipated vacancy, the Manager made appointment by accommodating fresh hand. According to the petitioner, she has a legitimate claim to be appointed as HSST (Junior) (Maths). According to the petitioner, instead of appointing her, the Manager had appointed the fourth respondent Jayalakshmi. The petitioner submitted Ext.P2 representation before the first respondent pointing out her grievance and praying that the appointment and approval granted to Jayalakshmi as HSST (Junior) W.P.(C) NO.20051 OF 2008 :: 2 :: (Maths) may be interfered with and the Manager may be directed to appoint the petitioner as HSST (Junior)(Maths) with effect from 15.7.2000 with all monetary benefits. Ext.P2 is pending disposal before the first respondent. 3. The prayer in the Writ Petition is to issue a direction to the first respondent to dispose of Ext.P2, after affording an opportunity of being heard to the petitioner, within a time frame. Learned Government Pleader submits that Ext.P2 will be disposed of by the first respondent within a reasonable time. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall dispose of Ext.P2 representation submitted by the petitioner as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, the Manager of the School and the fourth respondent Jayalakshmi. b) The petitioner shall send a copy of the judgment to the Manager as well as to Jayalakshmi separately by registered post and shall produce proof of the same before the first respondent without delay. W.P.(C) NO.20051 OF 2008 :: 3 :: WW c) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. (K.T.SANKARAN) Judge ahz/