IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10291 of 2004(A)
1. K.V.BALARAMAN, S/O. VELAYI,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :21/02/2007
O R D E R
KURIAN JOSEPH, J.
----------------------------------------------
W.P.(C) No.10291 of 2004
----------------------------------------------
Dated 21st February, 2007.
J U D G M E N T
The writ petition is filed mainly with the following
prayer :-
“Issue a writ of mandamus or other appropriate writ order or
direction commanding the 2nd respondent to restore the seniority
of the petitioner taking into consideration from the date of first
appointment as Assistant Educational Officer i.e. 8.11.1958 and
allow consequential promotion benefits in the higher posts as
and when vacancies arose during the period from 8.11.1958 to
31.3.1981.”
It is seen that the petitioner had pursued his grievance before the
Government. But the request was turned down as per Exts.P5
and that is under challenge. It is the contention of the petitioner
that since he was first appointed as Assistant Educational Officer
on 8.11.1958, he is the senior most in the list and his seniority
should be fixed just below the person who was promoted as
gazetted Headmaster on 7.11.1958. According to the petitioner,
hundreds of vacancies of gazetted Headmasters arose during the
period from 8.11.1958 to 31.3.1981 and many of them are his
juniors. Learned Government Pleader submits that the seniority
assigned to the non-gazetted Assistant Educational Officers is only
with effect from 22.5.1980 and even if the petitioner is assigned
rank No.1 in the seniority list of non-gazetted Assistant
WP NO. 10291/04 2
Educational Officers, he is not going to get any additional benefits
since the first non-gazetted Assistant Educational Officer’s
promotion on a notional basis as District Educational Officer was
only in July, 1986. Therefore, there is no merit in the writ petition.
It is accordingly dismissed. However, I make it clear that in case
the petitioner is able to point out any case of his junior non-
gazetted Assistant Educational Officer getting promotion
overlooking his claim, it will be open to him to point out the same
before the Government, in which case, the case of the petitioner
will be examined afresh.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
———————————————-
W.P.(C)No. of 2002
———————————————-
J U D G M E N T
Dated 21st February, 2007.