IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 20962 of 2010(U) -------------------------- PETITIONER: --------------- JESSY K.JOHN, H.S.A. (SS), EBENEZER HIGH SCHOOL, VETTOOR, NELLAD P.O. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. THE MANAGER, EBENEZER HIGH SCHOOL, VETTOOR, NELLAD P.O., PIN-686 721. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686 661. 3. SMT.NEENU BABY, H.S.A.(ENGLISH) EBENEZER HIGH SCHOOL, VETTOOR, VELLAD P.O., PIN-686 721. BY GOVT. PLEADER SRI. DILIP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------- W.P.(C) No. 20962 OF 2010 -------------------------- Dated this the 7th day of July, 2010 J U D G M E N T The petitioner was appointed as UPSA in the first respondent's school from 1.10.2000 to 6.12.2000. The same was approved as per Ext.P1 order dated 8.5.2001. Subsequently she was appointed as HSA(Social Studies) from 7.6.2001 to 14.7.2006. The said appointment was also approved as per Ext.P2 order dated 27.3.2002. Smt. Valsamma Oomman in whose leave vacancy the petitioner was appointed subsequently got extended her Leave Without Allowance till 14.7.2011 and consequently the appointment of the petitioner was also extended till such date. In the meanwhile, there occurred a vacancy of HSA (English) on account of retirement of one Smt. K.K.Annamma. Thereupon, the first respondent promoted one Rajesh C., against the said vacancy. Though the petitioner had raised objection against the said appointment based on her preferential claim under Rule 51A of Chapter XIV A, KER, the same was rejected by the second respondent. Aggrieved by the rejection of her claim under Rule 51A of Chapter XIV A, KER and the appointment of the aforesaid Rajesh, the petitioner has WPC No.20962/2010 2 approached this Court by filing W.P.(C) NO.29544/2009 and the same is pending. In the meanwhile, another vacancy viz, of HSA (Social Studies) occurred in the school on account of retirement of one V.V.Poulose from 1.4.2010. The first respondent again ignored the claim of the petitioner under Rule 51A of Chapter XIV A, KER and appointed the third respondent as HSA (English). According to the petitioner, in the vacancy of HSA (Social Studies), honouring her 51A claim, she should have been appointed. Raising objection against the promotion granted to the third respondent as HSA (English) ignoring the Rule 51A claim and in violation of Ext.P4 Government Order dated 17.6.2009, the petitioner has approached the second respondent through Ext.P5. The apprehension of the petitioner is that the appointment of the third respondent would be approved prior to the decision on Ext.P5. It is in the said circumstance that this writ petition has been filed. 2. It is obvious from the facts expatiated earlier that the grievance of the petitioner pertains to the promotion granted to the third respondent as HSA (English) against the vacancy that has arisen on account of the retirement of one HSA (Social Studies). WPC No.20962/2010 3 According to the petitioner, the said action on the part of the first respondent is in violation of Ext.P4 Government Order dated 17.6.2009. The petitioner has taken all such contentions in Ext.P5 and Ext.P5 is still pending before the second respondent. In the said circumstances, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P5, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and respondents 1 and 3. It is made clear that if the appointment of the third respondent is approved, it will be subject to the decision to be taken on Ext.P5. C.T.RAVIKUMAR (JUDGE) vps WPC No.20962/2010 4 WPC No.20962/2010 5