IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WA.No. 286 of 2008 --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12460/2006 Dated 19/12/2007 ................................ APPELLANT: PETITIONER ------------------------------------ SMT. LIJO JOSEPH, W/O. FRANCIS P.THOMAS, H.S.A. (SOCIAL STUDIES), POMPEI'S ST.MARY'S VOCATIONAL HIGHER SECONDARY SCHOOL, KATTOOR, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: RESPONDENTS --------------------------------------------- 1. T.R.SHINA, W/O. C.B.UMESH, HIGH SCHOOL ASSISTANT, POMPEI'S ST.MARY'S VOCATIONAL HIGHER SECONDARY SCHOOL, KATTOOR, IRINJALAKUDA, THRISSUR DISTRICT. 2. DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 3. DY. DIRECTOR OF EDUCATION, THRISSUR. 4. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. K.LAKSHMANAN, S/O. KARUNAKARAN, UNDER SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.P.RAVINDRAN (SR.) FOR R1 SRI.ANIL SIVARAMAN FOR R1 GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.286 OF 2008 () ----------------------------------- Dated this the 26th day of May, 2008 J U D G M E N T KOSHY,J. Petitioner was appointed as High School Assistant (Social Studies) in Pompel's St. Mary's Vocational Higher Secondary School, Kattor, Irinjalakuda. First respondent was appointed as H.S.A. (Social Studies) in the post occurred on retirement of one Sri.Francis Devasahayam. After joining duty on 8.6.2001, she went on maternity leave from 1.10.2001 to 8.1.2002 and the petitioner was first appointed in the School on the maternity leave vacancy. On the ground that two protected teachers are to be accommodated, the Educational authorities did not approve the appointment of the 1st respondent with effect from 8.6.2001, and consequently, appointment of the petitioner on the maternity leave vacancy of the 1st respondent was also rejected. Later petitioner and 1st respondent were appointed on 2003 in permanent vacancies. The whole question is who is senior ?. Petitioner was able to claim and work only because, originally W.A.286/2008 2 first respondent took maternity leave and petitioner was first appointed in the School. Later leave granted was approved from 1.10.2001 also. Considering the detailed factual and legal position, the learned Single Judge in the impugned judgment held that 1st respondent was given appointment and we see no ground to interfere with the above judgment. The first respondent's appointment was approved from 8.6.2001 onwards, the date of her original appointment, and it definitely shows that she is the senior most. It is submitted by the counsel for the petitioner that an English teacher's vacancy is existing in the School and the petitioner is qualified. But we are not considering that question in this case as it is not the subject matter of this case and that was not considered by the learned Single Judge in the impugned judgment also. No interference is required in the impugned judgment, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp W.A.286/2008 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008