IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 20271 of 2004(L) --------------------------------------- PETITIONER: ------------------- ABY MATHEW, THURUTHIYIL HOUSE, WEST VENGOLA P.O., PERUMBAVOOR-683 556, ERNAKULAM DISTRICT. BY ADV. SRI.THAMPAN THOMAS. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE MANAGER, SALEM V.H.S.S., VENGOLA. *ADDL.R4. JESSY PETER, MANAKKAKUDY HOUSE, WEST VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT. *IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED 23/07/04 IN S.A. 9757/04. BY GOVERNMENT PLEADER SRI. M.P. SREEKRISHNAN, ADV. SRI.K.R.B.KAIMAL ADV. SRI.SURESH JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20271/2004-L: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE GOVERNMENT ORDER NO. G.O. (P). NO. 12/99/P & ARD DTD. 24/05/1999. EXT.P.2: COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE R.3. ON 18/05/2004. EXT.P.3: COPY OF THE REPRESENTATION DTD. 01/06/2004 FILED BY THE PETITIONER TO ALL THE RESPONDENTS. EXT.P.4: COPY OF THE APPENDIX A OF THE PROFORMA APPLICATION FILED BY THE PETITIONER ON 01/06/2004. RESPONDENT'S EXHIBIT: EXT.R4.A: COPY OF THE REVISION PETITION DT. 28/05/2004 FILED BY THE R.3. TO THE D.P.I. //TRUE COPY// prv. K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 20271 OF 2004 L -------------------------------------- Dated this the 23rd January, 2008 JUDGMENT Petitioner has claimed appointment under the Dying-In- Harness Scheme under Rule 51B Chapter XIV A KER in respect of Physics Teacher. Father of the petitioner who passed away, was working in the third respondent's School as HSA. He died in 1996. According to petitioner, a vacancy arose upon retirement of one Smt. Susy Mathew on 31.3.2004. Petitioner filed a representation dated 18.5.2004 vide Ext.P2. Thereafter, he also filed detailed representations to all the respondents on 1.6.2004. Earlier, petitioner had claimed appointment in the Vocational Higher Secondary School which was declined on the basis that the High School and the VHSS are separate institutions and his father was working in the High School. 2. A Counter Affidavit has been filed by the additional fourth respondent. It is stated therein that the petitioner had passed B.Ed. only in June, 2004 whereas the retirement vacancy WPC. 20271/04 L 2 of HSA Physics had arisen on 31.3.2004. Petitioner was not having the basic qualification of B.Ed. till June, 2004. It is stated that a leave vacancy of HSA (Physics) arose in the School for the period from 21.7.2003 to 19.12.2003 to which the additional fourth respondent had been appointed. Therefore, the claim set up is that the party respondent is a Rule 51A claimant. Between a Rule 51A claimant and Rule 51B claimant, the Rule 51A claimant has been recognised. The appointment of the fourth respondent has been approved. Therefore, the fourth respondent became a Rule 51A claimant. In such circumstances, I do not see any merit in the Writ Petition and the Writ Petition is dismissed. K. M. JOSEPH, JUDGE kbk.