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MATHEW THOMAS, HSA (SS), GOVERNMENT versus SECRETARY TO GOVERNMENT

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MATHEW THOMAS, HSA (SS), GOVERNMENT v. SECRETARY TO GOVERNMENT - WP(C) No. 27231 of 2003(P) [2006] RD-KL 3574 (15 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27231 of 2003(P)

1. MATHEW THOMAS, HSA (SS), GOVERNMENT
... Petitioner

2. C.K.THOMASKUTTY, HSA (SS), GOVERNMENT

3. P.H.SHYLAJA, HSA (SS), GOVERNMENT

4. R.DIVAKARAN PILLAI, HSA (SS)

5. M.BHARGAVI AMMA, HSA (SS),

6. A.SUNDARDAS, HSA (SS)

Vs

1. SECRETARY TO GOVERNMENT,
... Respondent

2. DIRECTOR OF PUBLIC INSTRUCTIONS,

3. DEPUTY DIRECTOR OF EDUCATION,

4. PRINCIPAL,

5. PRINCIPAL,

6. PRINCIPAL,

7. PRINCIPAL,

For Petitioner :SRI.M.V.THAMBAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :15/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 27231 OF 2003

Dated this the 15th day of December, 2006



J U D G M E N T

The writ petition is filed with the following prayers:-

"(i) To issue a writ of certiorari or any other appropriate writ, or order or direction calling for the records leading up to Ext.P14 and quash Exts. P13 and P14 and all orders reverting or transferring the petitioners. (ii) To issue a declaration and direction that the petitioners are not liable to be reverted till the total cadre strength and 20% quota for HSA (SS) in the Pathanamthitta District is calculated from 1974 onwards and issue ratio promotions against the 20% vacancies of the cadre strength for promotion from feeder category and also to declare that the respondents are bound to implement Ext.P3, P7 and P10 orders."

2. Learned counsel for the petitioners submits that the 3rd respondent has prepared the seniority list. If that be so, on the basis of the eligible ratio, the promotions are to be worked out. In view of the implementation of the directions issued by this Court in O.P. 45/02 and 1475/03 in the matter of notional promotion, it is made clear that the 3rd respondent will affect the promotions with effect from the date of availability of the vacancies against the reserved quota. It is submitted that in the case of Mathematics, the promotion has been reviewed from the WPC NO.27231/03 Page numbers academic year 1998-99 onwards. A similar treatment will be given to the teachers in all other subjects also. The needful action as above shall be taken, within a period of three months from the date of production of a copy of this judgment by the petitioners. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE

vps WPC NO.27231/03 Page numbers

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

15th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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