LAWS(KER)-2019-6-195

SHEELA.O Vs. STATE OF KERALA

Decided On June 06, 2019
Sheela O. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner claims that she is senior to respondents 9 to 12, who are granted promotion as Headmasters under the 8 th respondent Corporate Educational Agency. It is also pointed out that she is test qualified as seen from Exts.P4 and P5 certificates issued on 29.05.2019. As per Ext.P9 order issued on 31.05.2019, respondents 9 to 12 are granted promotion with effect from 01.06.2019. The contention of the petitioner is that being the seniormost test qualified hand she should have been preferred to respondents 9 to 12.

(2.) Learned Standing Counsel appearing for the 8th respondent submits that the decision for promotion was taken on 29.05.2018 and that petitioner's test qualification was recorded in the service book only on 31.05.2019. Therefore, her case could not be considered. It is also pointed out that a vacancy is arising on 01.07.2019 and against that post petitioner will be considered in accordance with her qualification and eligibility. The question regarding seniority and entitlement for appointment with effect from 01.06.2019 and in preference to juniors, can be considered on petitioner moving the Director of Public Instructions with a suitable representation.