IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 2876 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------ SAMEENA.V.K., AGED 33 YEARS, W/O. MUHAMMED ZIYAD, VELIYIL HOUSE, PERUMBALAM.P.O., ALEPPEY DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 695 001. 2. THE ASSISTANT EDUCATION OFFICER, ERATTUPETTA. 686 121. 3. THE MANAGER, M.M.M.U.M.U.P.SCHOOL, KARAKKADU, NADAKKAL.P.O., ERATTUPETTA. 686 124. R1 & R2 BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.2876/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT.D 20.1.03. P2:- COPY OF THE APPOINTMENT ORDER DTD. 4.10.06. P3:- COPY OF THE SAID ORDER DTD. 14.1.2008. P4:- COPY OF THE ORDER DT. 2.6.2008. P5:- COPY OF THE GOP NO.10/10 DTD. P6:- COPY OF THE REPRESENTATION BEOFRE THE 2ND RESPONDENT WITH COPY OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2876/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner has approached this Court by filing this writ petition seeking to enforce the claim under Rule 51A of Chapter XIV A Kerala Education Rules. Even though notice on the writ petition has been served on the Manager, there is no appearance. 2. The learned counsel for the petitioner submits that the petitioner has worked in the school as Upper Primary School Assistant between 20/01/2003 to 22/03/2003, 04/10/2006 to 03/11/2006, 14/01/2008 to 27/02/2008 and from 02/06/2008 to 14/10/2008. It is pointed out that the service of the petitioner has been approved by the second respondent and thus the petitioner is a claimant under Rule 51A of Chapter XIV A K.E.R. 3. Further it is pointed out that after the Government issued Ext.P5 Order with regard to the filling up of additional division vacancies and removing of ban of appointment, an attempt is made to W.P.(C). No.2876/2011 -:2:- appoint protected teachers in terms of the declaration submitted by the Manager in the light of G.O.(P). No.10/10/Gl.Edn., dated 12/01/2010. According to the learned counsel for the petitioner, the right of the petitioner cannot be defeated by appointing protected teachers. Apart from that, there is a retirement vacancy which has arisen consequent on the retirement of one Smt.P.G.Shyamala. In these circumstances, the petitioner has approached the Assistant Educational Officer by filing Ext.P6 representation. 4. There will be a direction to the Assistant Educational Officer to take a decision on Ext.P6 after hearing the petitioner and the Manager within six weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms