High Court Kerala High Court

B.Syamala vs The Director Of Public … on 2 June, 2010

Kerala High Court
B.Syamala vs The Director Of Public … on 2 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17083 of 2010(I)


1. B.SYAMALA,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF PUBLIC INSTRUCTION I,
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE PRINCIPAL,

4. PUSHPALATHA.M.N,

                For Petitioner  :SRI.M.P.ASHOK KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :02/06/2010

 O R D E R
                          C.T. RAVIKUMAR, J.
                   --------------------------------------------
                      W.P.(C). NO. 17083 OF 2010
                   --------------------------------------------

                   Dated this the 2nd day of June, 2010


                                JUDGMENT

The petitioner was appointed as High School Assistant (Social

Science) in S.N.M.V.H.S.School, Vannappuram in Idukki District. The

said appointment was approved. Pursuant to the staff fixation for the year

1987-88, one post of H.S.A (S.S) was abolished. The petitioner was

identified as the person to be retrenched and accordingly, she was

deployed to Govt. High School, Thopramkudy and then, to Govt. High

School, Vazhathope. On 4.3.1993, she was redeployed to the parent

school and she is continuing there. The present grievance of the petitioner

is with respect to Ext.P1 seniority list. It is the seniority list of teaching

staff of the school as on 1.1.2006. In the said list, she holds rank No.10

and the fourth respondent holds rank No.6. According to the petitioner,

the fourth respondent was wrongly assigned seniority over her. Being

aggrieved by Ext.P1, the petitioner had preferred an appeal before the

Deputy Director of Education, Idukki. However, the same was rejected as

per Ext.P2 order 28.12.2008. Against Ext.P2 order, the petitioner has

submitted Ext.P3 appeal before the first respondent and the said appeal

W.P.(C) NO.17083/2010 2

dated 23.1.2009 is still pending. In the meanwhile, the Principal of the

school retired from service on superannuation on 31.3.2010. In the said

circumstances, any further delay in the disposal of Ext.P3 would affect her

promotional prospects as well, it is submitted.

2. Considering the facts that Ext.P3 appeal is pending before the

first respondent and, that the first respondent is competent to consider and

pass orders thereon, this Writ Petition is disposed of with a direction to the

first respondent to consider Ext.P3 appeal submitted by the petitioner 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.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.17083/2010 3

C.T. RAVIKUMAR, J.

W.P.(C). NO. 17083 /2010

JUDGMENT

2nd June, 2010