IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21165 of 2011(U) -------------------------- PETITIONER(S): --------------- K. SUMANGALA DEVI, W/O. SATHISH BOSS, H.S.A (HINDI), PRESENTLY OUT OF EMPLOYMENT. RESIDING AT KOTAYIL, THURUTHI.P.O, KOTTAYAM. BY ADV. SRI.M.V.THAMBAN SHRI R.REJI SMT.THARA THAMBAN SHRI BIPIN B. SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA - 690 101. 4. THE CORPORATE MANAGER (SECRETARY) TRAVANCORE DEVASWOM BOARD SCHOOL, NANTHANCODE, THIRUVANANTHAPURAM- 695 001. 5. SMT.P.M. BINU, H.S.A (HINDI) DEVASWOM BOARD HIGH SCHOOL, VAMANAPURAM, THIRUVANANTHAPURAM - 695 606. GOVERNMENT PLEADER, SHRI V.VIJULAL FOR R1 TO R3 SHRI G.BIJU FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21165 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REPRESENTATION BEFORE THE FOURTH RESPONDENT CORPORATE MANAGER ON 08.03.0211 EXT.P2 TRUE COPY OF THE ORDER NO.R0C.370/11/EDN. DT.28/05/2011 EXT.P3 TRUE COPY OF THE REPRESENTATION BEFORE THE FOURTH RESPONDENT MANAGER ON 07/06/2011 EXT.P4 TRUE COPY OF THE ORDER DT.21/06/2011 EXT.P5 TRUE COPY OF THE REVISION PETITION DT.11/07/2011 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21165/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5 th day of August, 2011 J U D G M E N T The petitioner is aggrieved by the denial of the claim under Rule 51A of Chapter XIV A Kerala Education Rules by the Management. It is submitted that in view of the approved service for different spells, the Management ought to have appointed the petitioner in the vacancy of H.S.A (Hindi) which arose on 01/06/2011 in the D.B.High School, Vamanapuram. The challenge is against the appointment of the fifth respondent by the Management in the above vacancy which arose on 01/06/2011. 2. The fifth respondent, L.G.Hindi was transferred on promotion as H.S.A (Hindi) and posted as such in D.B.H.S.S., Cheriyanadu against the transferred vacancy of Smt. S.Jayasree, H.S.A (Hindi) and Smt. S.Jayasree, H.S.A (Hindi) was transferred and posted as such in D.B.H.S., Vamanapuram against the retirement vacancy as evident from Ext.P2 order. The petitioner submitted a representation as per Ext.P3. Ext.P4 is W.P.(C). No.21165/2011 -:2:- the subsequent order passed by the Management re- transferring the fifth respondent to D.B.H.S., Vamanapuram and allowing Smt. S.Jayasree, H.S.A (Hindi) D.B.H.S.S., Cheriyanadu. 3. For adjudication of the claim raised by the petitioner, the petitioner has moved the Government by filing Ext.P5 revision petition. 4. Heard the learned counsel for the Manager who submitted that orders have been passed legally. 5. I am not expressing anything on the merits of the matter since the revision petition is still pending before the Government. There will be a direction to the Government to take a decision on Ext.P5 after hearing all the parties including the petitioner and respondent Nos.4 and 5 within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Petitioner will forward a certified copy of the Judgment to the Government for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms