LEKHA MOL THOMAS Vs. THE DEPUTY DIRECTOR (EDUCATION),

JUDGEMENT

(1.) THE petitioner is working as a Primary Department Teacher in Government Tribal School, Kattappana. It is stated that the petitioner acquired Bachelors Degree in B.A. (English) in 2008 and passed B.Ed. Degree (English) in October, 2009. According to the petitioner, she is entitled to be promoted as H.S.A. (English) in Idukki District. The grievance of the petitioner is that even though she is the senior most P.D. Teacher (English) in Idukki District, her name was not included in Exhibit P4 seniority list prepared by the Deputy Director of Education, Idukki. It is stated that the seniority list was prepared at a time when there was no vacant post of H.S.A. (English). According to the petitioner, a vacancy of H.S.A. (English) in Idukki District arose on 24.3.2010. However, the petitioner was not promoted as H.S.A. (English) and her name was purposefully omitted for being considered for promotion. The name of the third respondent was included in the list. It is stated that the petitioner filed W.P.(C). No. 17453 of 2010 seeking to quash Exhibit P4 seniority list. That Writ Petition was disposed of on 4.6.2010 permitting the petitioner to file an appeal before the Director of Public Instruction. The petitioner filed an appeal before the Director of Public Instruction. That appeal was rejected by the Director of Public Instruction as per Exhibit P6 order dated 28.7.2010. The Director held that the vacancy of HSA (English) arose on 21.1.2010 and it was reported on 24.3.2010. The petitioner was not qualified to be promoted as H.S.A. (English) as on the date of occurrence of the vacancy. It is stated in Exhibit P6 that the petitioner appeared for B.Ed. Degree (English) examination held in October, 2009 and a provisional certificate was issued to her on 4.3.2010.

(2.) CHALLENGING Exhibit P6 order, the petitioner filed Exhibit P9 revision dated 15.9.2010 before the Government. Exhibit P9 is pending disposal. The contention of the petitioner is that the vacancy arose on 24.3.2010 and as on that date, the petitioner was fully qualified to be promoted as H.S.A. (English).

(3.) THE learned Counsel for the petitioner submitted that for the time being, it would be sufficient, if Exhibit P9 revision is directed to be considered by the Government, reserving the contentions raised by the petitioner in the Writ Petition.