IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16645 of 2011(E) -------------------------------- PETITIONER: -------------- SMT.K.NISA, CHEMPAKA, NEDUMGOLAM P.O. KOLLAM. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM - 695001. 2. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT - 691 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNUR, KOLLAM DISTRICT - 691 572. 4. THE JOINT MANAGERS, CHEMPAKASSERY HSS, TTI & UPS, BHOOTHAKULAM P.O., KOLLAM - 691 302. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16645/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 18.12.00. EXT. P2 : COPY OF ORDER OF R1 DTD. 20.3.10. EXT. P3 : COPY OF REQUEST MADE BY R4 DTD. 7.6.10. EXT. P4 : COPY OF ORDER OF R2 DTD. 8.2.11. EXT. P5 : COPY OF OBJECTION FILED BY PETITIONER DTD. 3.6.11 ALONG WITH THE ACKNOWLEDGMENT CARD. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16645 OF 2011 --------------------------------------- Dated this the 21st day of June, 2011. J U D G M E N T The petitioner is claiming appointment in the school managed by the 4th respondent. The approved service of the petitioner as Upper Primary School Assistant in a leave vacancy is evident from Ext.P1 order. 2. It is pointed out that even though two Leave Without Allowance vacancies of having 5 year duration arose in the school during the academic year 2007-08, two senior claimants were appointed. One of them was accommodated later in a regular vacancy. Ignoring the petitioner and another claimant, a fresh hand was appointed in the LWA vacancy. Another fresh hand has been appointed as UPSA in 2010-2011. It is the case of the petitioner that the Manager has resorted to fresh appointments illegally. It is upto the Assistant Educational Officer before whom Ext.P5 objection is filed by the petitioner to take a decision in accordance with law. W.P.(C) No.16645/2011 2 There will be a direction to the 3rd respondent to take a decision on Ext.P5, after hearing the petitioner, the Manager and the other teachers affected including Smt.Ajitha Kumari and Smt.Priji P.L. It is pointed out by the learned counsel for the petitioner that so far the appointments have not been approved. Therefore, a decision on Ext.P5 will be taken before the approval is granted. Appropriate orders will be passed as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp