IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18536 of 2011(N) --------------------------------------- PETITIONER: ------------------- P.SUBAIDA, WIFE OF MOHAMMED, AGED 45 YEARS, FORMER ARABIC TEACHER (APPROVED), A.L.P.SCHOOL, AMBALAKADAVU), MADHURAKARIYAM, VADAPURAM, MAMBAD-679 542. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA, SRI.T.V.VIJAYARAJAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679 328. 3. THE MANAGER, A.L.P.SCHOOL, AMBALAKADAVU, P.O.KALIKAVU, MALAPPURAM DISTRICT-676 525. R1 & R2 BY GOVT. PLEADER SRI. V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18536/2011-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DTD. 09/08/1994. EXT.P.2: COPY OF THE REQUEST OF THE PETITIONER BEFORE THE MANAGER DTD. 03/06/2011. EXT.P.3: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO.16059/2009- B DTD. 08/10/2009. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ASSISTANT EDUCATIONAL OFFICER DTD. 18/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18536/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner was an approved teacher in Arabic in the schoo1 managed by the third respondent. She has approved service from 09/08/1994 to 05/01/1995 as evident from Ext.P1 order. Now a retirement vacancy has arisen from 01/06/2011 and the petitioner submits that being a claimant under Rule 51A of Chapter XIVA Kerala Education Rules, the petitioner ought to have been appointed. Even though a formal request was made, that was not attended to by the Manager. This is the complaint raised in the writ petition. After the filing of the writ petition, the petitioner has produced along with I.A.No.11847/2011, Ext.P4, a copy of the representation filed before the Assistant Educational Officer. 2. Learned Government Pleader on getting instructions submitted that the Manager has already made a fresh appointment and the proposal has been W.P.(C). No.18536/2011 -:2:- received by the Assistant Educational Officer on 14/06/2011 which is pending now. 3. Therefore, there will be a direction to the Assistant Educational Officer to consider the claim of the petitioner as raised in Ext.P4 representation before any approval is granted and a decision be taken after hearing the petitioner and the Manager and the fresh appointee within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms