IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 21447 of 2005(C) -------------------------- PETITIONER(S): --------------- JESSY P.VARGHESE, U.P.S.A., BETHENY ASRAM HIGH SCHOOL, CHERUKULANGI, P.O. RANNI. BY ADV. SRI.T.S.JOHN SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. THE MANAGER, BETHENY NAVA JYOTHI PROVINCIAL ASRAM, DESOM P.O., ALUVA-3. 6. REV. FR. VARGHESE T.V., U.P.S.A., BETHENY ASRAM HIGH SCHOOL, CHERUKULANJI, RANNY. 7. MS. DOLLY THOMAS, HIGH SCHOOL ASSISTANT, NEWLY APPOINTED, BETHENY ASRAM HIGH SCHOOL, CHERUKULANJI, RANNY. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R5 SRI.T.RAMPRASAD UNNI FOR R5 SRI.R.JAYACHANDRAN FOR R6,7 GOVERNMENT PLEADER, SHRI BIJOY CHANDRAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21447/2005-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of October, 2009 J U D G M E N T The petitioner herein approached this Court aggrieved by the appointment of the seventh respondent as H.S.A (English). The petitioner has been working as U.P.S.A on a temporary basis from 01/06/1989 and on regular basis from 25/09/1990. A vacancy of H.S.A (Social Science) arose on 01/06/2005 due to the retirement of a Social Science Teacher namely, Rev.Fr.Antony N.J on 31/03/2005. 2. The main allegation raised by the petitioner is that overlooking her claim, the seventh respondent has been appointed. Accordingly, the petitioner filed a representation as per Ext.P1 before the District Educational Officer. 3. The first respondent has filed a counter affidavit in the matter. It is explained that there was a vacancy of H.S.A (English) from 01/06/2005. Since there were no qualified Rule 43 claimants for promotion to the post of H.S.A (English) the seventh respondent was appointed. The petitioner being a Rule 43 claimant to the post of H.S.A (S.S) her request could not be considered to the post of H.S.A (English). There was no vacancy in the post of H.S.A (S.S). W.P.(C). No.21447/2005 -:2:- 4. The learned counsel for the petitioner further submitted that during the pendency of the writ petition, appointment of the seventh respondent has been approved already. The petitioner has also been appointed in a later vacancy as H.S.A (S.S) and the same awaits approval. 5. Therefore, the writ petition is disposed of reserving the right of the petitioner to pursue approval of appointment to the post in which the petitioner has been appointed and leaving open the said remedy, the writ petition is closed. No costs. (T.R. Ramachandran Nair, Judge.) ms