IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12190 of 2007(A)
1. K.MOOSA, HSST JUNIOR (ARABIC),
... Petitioner
2. M.NASSARUDEEN, HSST JUNIOR (ARABIC),
Vs
1. STATE OF KERALA, REP.BY ITS
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DEPUTY DIRECTOR OF EDUCATION,
For Petitioner :SMT.S.KARTHIKA
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :31/05/2007
O R D E R
A.K.BASHEER, J.
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W.P.(C)No.12190 OF 2007
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Dated this the 31st day of May, 2007
JUDGMENT
Petitioners are stated to be working as Higher Secondary
School Teachers (Junior) (Arabic) in Government schools at
Palakkad and Trivandrum respectively. As per order dated
March 23, 2007, a copy of which is on record as Ext.P6, the
Director of Higher Secondary Education held that petitioners
were liable to be reverted as High School Assistants to their
parent department with immediate effect. The above view was
taken on the basis of Ext.P5 order passed by the Director by
which seniority of the petitioners was reassigned. By such
reassignment, it become necessary that petitioners had to be
reverted.
2. It is the contention of the petitioners that no reversion
will be necessary since there are sufficient posts to accommodate
the petitioners as Higher Secondary teachers (Junior) at present.
Petitioners have pointed out certain vacancies in the writ
petition. It is their contention that going by their seniority they
can be accommodated. This is a matter to be looked into by the
department.
W.P.(C)No.12190 OF 2007
:: 2 ::
3. Therefore, the writ petition is disposed of with a
direction to respondent no.2 to consider the request if any that
may be made by them in writing within seven days from today.
Appropriate orders on the said request shall be passed by
respondent no.2 strictly on its merit and in accordance with law
as expeditiously as possible, at any rate, within one month from
the date of receipt thereof. It must be ensured by respondent
no.2 that apart from petitioners, all others who are likely to be
affected by the order that may be passed by him, are afforded
sufficient opportunity to be heard before any such decision is
taken. Petitioners shall produce a copy of the writ petition along
with a certified copy of the judgment before respondent no.2 for
compliance. Till such time, a decision is taken as directed above,
the interim order passed by this court shall remain in force.
Writ petition is disposed of as above.
A.K.BASHEER, JUDGE
jes