IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13628 of 2009(W) --------------------------------- PETITIONER: -------------- BEENA C.ITTOOP, AGED 39 YEARS, D/O.ITTOOP.C., CHEMMANNUR HOUSE, KALLUMPURAM, KADAVALLUR P.O., THRISSUR DISTRICT. BY MR.P.K.BEHANAN, ADVOCATE. RESPONDENTS: ------------------ 1. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, CHAVAKKAD, THRISSUR DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. THE CORPORATE MANAGER, (CYRIL MAR BASELIOUS METROPOLITAN), ST.GEORGE HIGH SCHOOL, THOZHIYOOR. 4. P.A.SUDHEER, S/O.LATE P.C.AYYAPPAN, PALLIPPARAMBIL HOUSE, THOZHIYOOR P.O., (VIA) KUNNAMKULAM, PIN - 630 520. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13628 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner herein is working as Peon in the St.George High School, Thozhiyoor. She was first appointed as Full Time Menial on 03.04.1999, which was approved by the Department. Thereafter, she was promoted as Peon with effect from 28.08.2008. But the appointment as Peon was rejected by the District Educational Officer by Exhibit P1. Exhibit P2 is the appeal filed by the Manager against Exhibit P1 order. 2. It appears that the 4th respondent is a claimant under Rule 51B of Chapter XIV A of Kerala Education Rules. It is submitted by the petitioner that the petitioner has got a better claim under Rule 43. Be that as it may, it is a matter for the Appellate Authority to decide. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit P2, after hearing the W.P.(C) No.13628/09 2 petitioner and respondents 3 and 4, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp