IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36665 of 2009(C) -------------------------- PETITIONER(S): --------------- ROSE MARY A.L., HSST (ENGLISH) ST.MICHAEL'S HIGHER SECONDARY SCHOOL, KUDAVECHOOR, KOTTAYAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. THE MANAGER, ST.MICHAEL'S HIGHER SECONDARY SCHOOL, KUDAVECHOOR, KOTTAYAM DISTRICT. 2. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, O/O.REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36665/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2009 J U D G M E N T The petitioner is working as a Higher Secondary School Teacher in St.Michael's Higher Secondary School (English) in Kottayam District. 2. She was appointed in a leave vacancy of Smt.Smitha from 27/01/2006 to 31/10/2010 and the appointment was approved by the Regional Deputy Director, as per Ext.P1 order. 3. A permanent vacancy of H.S.S.T (English) arose in the school on 05/09/2009 consequently on the resignation of Smt.Ashly Varghese. The petitioner raised a claim for shifting her to the permanent vacancy as she has an approved service. It is averred in the writ petition that the said right of the petitioner is supported by the dictum laid down in Jayasree v. Director of Higher Secondary Education [2009 (2) KLT 352] and Geetha v. Geo Thomas [2009 (4) KLT 514]. It is the further plea raised by the petitioner that the petitioner is entitled for protection under Rule 51A of Chapter XIV-A Kerala Education Rules. Staking her claim in the matter, she has filed Ext.P2 representation before the Manager. The learned counsel for W.P.(C). No.36665/2009 -:2:- the petitioner prayed for a direction to the Manager to consider her claim within a time frame. 4. There will be a direction to the first respondent to take a decision on Ext.P2 representation submitted by the petitioner, in accordance with law and, accordingly, to give a suitable reply to the petitioner within one month from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. It is made clear that this Court has not considered anything on the merits of the claim raised by the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms