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Kerala High Court

K.Rajalakshmi vs The State Of Kerala And Others on 23 December, 2010

Author: K.T.Sankaran

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38383 of 2010(W)



1. K.RAJALAKSHMI
                      ...  Petitioner

                        Vs

1. THE STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :23/12/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                 W.P.(C). NO. 38383 OF 2010 W
             ------------------------------------------------------
           Dated this the 23rd day of December, 2010


                                JUDGMENT

The petitioner is working as Non-Vocational Teacher (English) (Junior) in Government Vocational Higher Secondary School, Cherukunnu in Kannur District. She was appointed on 22.10.2007 and her probation was declared with effect from 29.10.2009. The grievance of the petitioner is that she was not considered for 'by transfer appointment' to the post of Non-Vocational Teacher (English), as per the Kerala Vocational Higher Secondary Education State Service Rules, 2004. It is also pointed out that the Kerala Public Service Commission issued Ext.P3 notification dated 30.4.2010, inviting applications for the post of Non-Vocational Teacher (English). It is submitted that if promotions are made as per the Special Rules, the petitioner would get promotion. On the other hand, if the promotion posts are filled up by appointing direct recruitees from the PSC list, it would cause great prejudice to the petitioner as well as persons like the petitioner. Pointing out her grievance, the petitioner submitted Ext.P5 representation dated W.P.(C) NO.38383 OF 2010 W :: 2 ::

30.11.2010 before the Director, Vocational Higher Secondary Education, Thiruvananthapuram. Ext.P5 is pending disposal.
2. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioner submitted that it would be sufficient, for the time being, if Ext.P5 is directed to be considered and disposed of at the earliest.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.

In the facts and circumstances of the case, the Writ Petition is disposed of as follows:

a) The Director of Vocational Higher Secondary Education, Thiruvananthapuram shall consider and dispose of Ext.P5 representation dated 30.11.2010 submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner.

W.P.(C) NO.38383 OF 2010 W :: 3 ::

b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Vocational Higher Secondary Education, Thiruvananthapuram.

(K.T.SANKARAN) Judge ahz/