IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19563 of 2008(D)
1. K. PREMAKUMAR,
... Petitioner
2. MURUKAN.K,
3. NALINAKUMARI.V,
4. R. USHA NANDINI,
5. MARYKUTTY.V.Y,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/07/2008
O R D E R
K.T. SANKARAN,J.
--------------------------------------
W.P.(C) No.19563 of 2008 D
--------------------------------------
Dated this the 7th day of July, 2008.
J U D G M E N T
The petitioners are working as Higher Secondary School
Teachers (Senior) in various Higher Secondary Schools. They were appointed
as Higher Secondary School Teachers during 1990-1991 and 1991-1992,
through the Employment Exchange, as per Ext.P1 series posting orders. The
details of provisional service of the petitioners as Higher Secondary School
Teachers are shown in paragraph No.3 of the Writ Petition. Subsequently the
petitioners were regularly appointed as High School Assistants(Geography) on
being advised by the Kerala Public Service Commission. They joined service as
High School Assistants. The details of their service as High School Assistants or
P.D.Teacher are stated in paragraph No.4 of the Writ Petition.
2. Subsequently the petitioners were appointed by
transfer as Higher Secondary School Teachers as per the Special Rules against
25% quota fixed for by-transfer appointment. The grievance of the petitioners is
that their provisional service on the basis of Ext.P1 series posting orders is not
reckoned for the purpose of seniority. It is stated in the Writ Petition that against
the seniority list the petitioners have filed objections. It is also stated in the Writ
Petition that the persons who are also appointed provisionally as Higher
WP(C) No.19563/2008
2
Secondary School Teachers during 1990-1991 on the basis of G.O.(Ms)
No.138/90/G.Edn. Dated 27.6.1990, were regularised in service, as per Ext.P3
Government Order dated 5.3.2001 and Ext.P4 Government Order dated
14.3.2001. In Ext.P4 Government Order dated 14.3.2001, it is clarified by the
Government that the eleven Higher Secondary School Teachers appointed
through Employment Exchange during 1990-1991 as per G.O.(Ms)
No.138/90/G.Edn. Dated 27.6.1990 and continuing in service during the last
eleven years will be regularised in service from the date of their initial
appointment. The contention of the petitioners is that their service is also to be
regularised and their service on posting as Higher Secondary School Teachers,
as per Ext.P1 series posting orders is liable to be reckoned for the purpose of
seniority. It is also stated in the Writ Petition that as per Ext.P2 order dated
20.12.2005, in the case of one R.Sivadasan, the Director of Higher Secondary
Education has ordered to reckon the Employment Exchange service of the said
Sivadasan for the purpose of counting 12 years teaching experience.
Petitioners submitted that they are also entitled to the same benefit which was
given to Shri R.Sivadasan as per Ext.P2 order.
3. Pointing out the grievances, the petitioners have
made Exts.P9 to P13 representations to the first respondent. They are pending
disposal before the first respondent.
4. The reliefs prayed for in the Writ Petition are the
following:-
WP(C) No.19563/2008
3
"i) to issue a writ of
mandamus directing the respondents to
reckon the provisional service rendered by the
petitioners as HSST for the purpose of
seniority to be taken into account for giving
promotion as Principal;
ii) to declare that the
petitioners are entitled to count the provisional
service rendered by them as shown in para 3
of the writ petition for the purpose of seniority
and also for the purpose of promotion to the
post of Principal in various Government Higher
Secondary Schools in Kerala State;
In the alternative;
ii(a) to declare that the
petitioners also are entitled to get the benefit
given to Sri.R.Sivadasan referred in Ext.P2;
iii) to issue a writ of
mandamus directing the respondents 1 and 2
to take a decision Ext.P9 to P13
representations before effecting promotion to
the post of Principal;
WP(C) No.19563/2008
4
iv) to issue such other
orders, directions or writs as may be prayed
for and that this Hon’ble Court may deem fit
under the facts and circumstances of the
case.”
5. The learned counsel for the petitioners submits that
for the time being the petitioners would be satisfied if relief No.(iii) is granted.
The learned Government Pleader submits that the first respondent will dispose
of Exts.P9 to P13 representations expeditiously. It is submitted by the
petitioners that if their provisional service as per Ext.P1 series posting orders is
reckoned for the purpose of seniority or for counting 12 years teaching
experience, they would be entitled to be promoted as Principal. They seek a
speedy disposal of the representations so that they would not lose the chance
of being promoted as Principal.
In the facts and circumstances of the case, the Writ Petition
is disposed of in the following manner:-
(i) The first respondent shall dispose of Exts.P9 to P13
representations filed by the petitioners, after affording an opportunity of being
heard to them, as expeditiously as possible, and at any rate within a period of
three months.
WP(C) No.19563/2008
5
(ii) Any promotion of the Principal made in the meanwhile
shall be subject to the result of the disposal of Exts.P9 to P13 representations by
the Government.
(iii) The petitioner shall produce a copy of the Writ Petition and
a certified copy of the judgment before the first respondent.
K.T. SANKARAN,
JUDGE.
cks