IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21867 of 2008(C)
1. JAYASREE M. , AGED 35, W/O.SATHEESH
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HIGHER SECONDARY EDUCATION
3. MANAGER
For Petitioner :SRI.PAULSON THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/07/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.21867 of 2008 C
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Dated this the 22nd day of July, 2008.
JUDGMENT
The reliefs prayed for in the Writ Petition are the following:-
“i) Issue a writ of certiorari
quashing Ext.P8
ii) Issue consequential
directions directing the respondents 1 and 2 to
grant the benefit of Ext.P7 GO to the petitioner.
Iii) grant such other
appropriate writ order or direction as this
Honourable Court may deem fit and proper to
meet the ends of justice.”
2. The petitioner states that she is working as Higher
Secondary School Teacher – Junior (Mathematics) with effect from 12.11.2001
in the third respondent’s school. She was appointed by transfer from the post of
Upper Primary School Assistant in the same school. The petitioner was
appointed as Higher Secondary School Teacher – Junior between the period
13.2.2001 and 12.11.2001. That period would fall within the period during which
there was a ban on appointments.
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3. It is stated that on the basis of Exts.P4 and P5
judgments, the Director of Higher Secondary Education granted approval to the
petitioner as Higher Secondary School Teacher – Junior (Mathematics) by
transfer, as per Ext.P6 order. As per Ext.P7 Government Order dated
20.11.2004, it was ordered that Aided Higher Secondary School Teachers
(Junior/Part Time) who were transferred from the post of Upper Primary School
Assistant/Lower Primary School Assistant/High School Assistant before the
rules, as per the executive orders, will be treated as Full Time Higher
Secondary School Teachers irrespective of their work load. It is also clarified in
Ext.P7 Government Order that the Government Order will not be applicable to
those who were appointed under the provisions of Special Rules since
12.11.2001. On the basis of Ext.P7 Government Order dated 20.11.2004, the
Director of Higher Secondary Education passed Ext.P8 order dated 4.6.2008,
declining Full Time scale to the petitioner. The petitioner has filed Ext.P9
revision dated 20.6.2008 before the Government, challenging Ext.P8 order
passed by the Director of Higher Secondary Education.
4. The learned counsel for the petitioner submits that
though the petitioner has prayed in the Writ Petition for quashing Ext.P8 order
and other consequential benefits, for the present, the petitioner would be
satisfied if a direction is issued to the Government to dispose of Ext.P9 revision
expeditiously.
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In the facts and circumstances of the case, the Writ Petition
is disposed of as follows:-
(i) The Government shall dispose of Ext.P9 revision dated
20.6.2008 filed by the petitioner challenging Ext.P8 order passed by the Director
of Higher Secondary Education, as expeditiously as possible and at any rate
within a period of three months, after affording an opportunity of being heard to
the petitioner, Manager and any other affected party.
(ii) The petitioner shall produce certified copy of the judgment
and a copy of the Writ Petition before the Government.
(iii) The petitioner shall send a copy of the judgment to the
third respondent, Manager, by registered post and shall produce proof of the
same before the Government.
K.T. SANKARAN,
JUDGE.
cks
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