IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 25232 of 2008(D) --------------------------------------- PETITIONER(S): --------------------- ANCY ANNA PHILIP, AGED 31, W/O.ISON JOSWA H.S.A. (MATHS)(RELIEVED), ST. MARY'S GIRLS HIGH SCHOOL KOZHENCHERY, RESIDING AT VALUPARAMPIL THEKKEMALA PO., KOZHENCHERY, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA 4. THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA. 5. THE MANAGER, ST.MARY'S HS. & ST.THOMAS H.S.S KOZHENCHERY, PATHANAMTHITTA DISTRICT. 6. MINI MATHEW, HSA(ENG), ST.THOMAS HSS, KOZHENCHERY, PATHANAMTHITTA. R1 TO R4 BY GOVERNMENT PLEADER MR.K. SANILKUMAR R6 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADV. MR.TONY GEORGE KANNANTHANAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25232/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.KD IS/B3/3070/03 OF D.E.O. PATHANAMTHITTA, DATED 30/06/2003. EXT.P2: COPY OF THE ORDER NO.B3/4210/03 OF D.E.O. PATHANAMTHITTA, DATED 15/07/2003. EXT.P3: COPY OF THE G.O.(RT)NO.1087/07/G.EDN. OF GOVERNMENT, DATED 12/03/2007. EXT.P4: COPY OF THE G.O.(RT)NO.3335/07/G.EDN. OF GOVERNMENT, DATED 21/07/2007. EXT.P5: COPY OF THE G.O.(RT)NO.1961/06/G.EDN. OF GOVERNMENT, DATED 15/05/2006. EXT.P6: COPY OF THE ORDER NO.B3/8575/05/K.DIS OF D.E.O, DATED 25/03/2006. EXT.P7: COPY OF THE ORDER NO.B3/7196/05/D DIS OF D.E.O, DATED 02/06/2006. EXT.P8: COPY OF THE G.O.(MS)NO.275/99/G.EDN. OF GOVERNMENT, DATED 09/11/1999. EXT.P9: COPY OF THE G.O.(MS)NO.11/02/G.EDN. OF GOVERNMENT, DATED 07/01/2002. EXT.P10: COPY OF THE CIRCULAR NO.67679/J1/02/G.EDN. OF GOVERNMENT, DATED 26/02/2003. EXT.P11: COPY OF THE ORDER NO.ET(3)/17343/07/D.P.I./K.DIS OF D.P.I, DATED 21/01/2008. EXT.P12: COPY OF THE G.O.(RT)NO.2095/08/G.EDN. OF GOVERNMENT, DATED 07/05/2008. EXT.P13: COPY OF THE G.O.(MS)NO.132/09/G.EDN. OF THE GOVERNMENT, DATED 17/06/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC,J. --------------------- W.P.(C).No.25232 OF 2008 ------------------------ Dated this the 23rd day of September, 2009. JUDGMENT Petitioner worked as a HSA in the leave vacancies during period from 19.1.2000 to 30.3.2000 and 19.6.2001 to 1.6.2004. These appointments were approved as per Exts.P1 and P2 orders. During the currency of the 2nd spell of her appointment, there arose another vacancy of HSA (Maths), during the period from 24.7.2003 to 23.7.2008. It is stated that the Manager appointed the 6th respondent overlooking her claims. 2. According to the petitioner, subsequently a regular vacancy of HSA (Maths) arose on 1.6.2005 and then again, overlooking her superior claim as a 51-A claimant, the 6th respondent was adjusted to that vacancy. The appointment of the 6th respondent was approved and that lead the petitioner to file a representation before the DPI resulting in WP(c).No.25232/08 2 Ext.P11 order of rejection, which was also confirmed by the Government as per Ext.P12. It is challenging these orders that the writ petition is filed. 3. However, a reading of Exts.P11 and P12 shows that, like the petitioner, the 6th respondent was also a 51A claimant. It is stated that one Smt. Mariama P. Cherian, HSA (Maths) was adjusted against the category of HSA (English) being an excess hand in the category of HSA (Maths). She entered on leave without allowance for 5 years from 24.7.2003 to 3.7.2008. It was in that vacancy the 6th respondent, another 51-A claimant, was appointed as HSA(English)and it was that appointment which was upheld by the DEO, on the basis of an appellate order passed by the Deputy Director of Education. 4. The aforesaid order of the DEO was challenged by the petitioner in her representation before the DPI and it is that representation which was rejected as per Ext.P11 order. Ext.P11 shows that the vacancy was in the category of HSA (English) and not HSA (Maths) as contended by the petitioner. It is also stated in Ext.P12 Government Order that such WP(c).No.25232/08 3 employment was necessary, to maintain the minimum subject requirement ordered in GO(MS).No.11/2002 G.Edn. dated 7.1.2002. 5. The petitioner's case that the vacancy is of HS A (Maths), is factually incorrect as is seen from Exts.P11 and P12. Further the appointment of the 6th respondent was also to satisfy the minimum subject requirement. 6. Counsel for the petitioner relied on Ext.P12 Government order dated 17.6.2009. A reading of this order shows that even if the petitioner's claim for the benefit of the said order is conceded, it is clarified in the said order that the benefits extended there under will not affect the appointments which are already approved. On facts it can be seen that the appointments of the 6th respondent is also approved. In the circumstances I see no merit in the writ petition. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.25232/08 4