IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20058 of 2010(F) -------------------------- PETITIONER(S): --------------- O.T.INDIRAMMA, AGED 49, W/O.MURALEEDHARAN, MOOKKANNUR HOUSE, MADAMON.P.O, VADASERIKAVU, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. THE MANAGER, V.K.N.M.HIGH SCHOOL, VAYYATTUPURAM. 4. SMT.SHEEJA, H.S.A., V.K.N.M.HIGH SCHOOL, VAYYATTUPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 20058 of 2010 F ``````````````````````````````````````````````````````` Dated this the 28th day of June, 2010 J U D G M E N T The petitioner was appointed as Upper Primary School Teacher under the third respondent's School for different periods. Those appointments were approved as per Exts.P1 to P3 orders. Subsequently, the petitioner was retrenched for want of vacancy. The contention of the petitioner is that by virtue of Exts.P1 to P3, the petitioner is entitled to get reappointment as and when vacancy arises in the school. However, ignoring her legitimate claim under Rule 51A of Chapter XIV-A of the Kerala Education Rules, the fourth respondent was appointed against a vacancy that occurred on 01-04-2010. Challenging the order whereby the fourth respondent was appointed against the aforesaid vacancy ignoring her claim under Rule 51A of Chapter XIV-A of the KER, the petitioner has preferred Ext.P5 appeal dated 05-05-2010 before the second respondent. According to the petitioner, any further delay in the disposal of Ext.P5 appeal would detrimentally affect the petitioner. It is in the said circumstances this writ petition has been filed. 2. Exts.P1 to P3 would reveal that the appointments of the petitioner under the third respondent's school were duly approved by the authorities. Necessarily, in such circumstances, before filling up any WPC.20058/2010 : 2 : vacancy occurred subsequently, the claim of the petitioner under Rule 51A of Chapter XIV-A of the Kerala Education Rules requires consideration. It is in the said context that the petitioner has challenged the appointment of the fourth respondent, a fresh hand, contending that her legitimate claim under Rule 51A of Chapter XIV-A of the KER was overlooked. When such a grievance is raised before a competent authority, the said authority is bound to look into and pass orders thereon. Admittedly, Ext.P5 appeal is still pending before the second respondent. In the above circumstances, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P5 appeal preferred by the petitioner, 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 3 and 4. Any approval of appointment of the fourth respondent against the vacancy that occurred on 01-04-2010 will be subject to the orders to be passed in Ext.P5 appeal. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge