IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 904 of 2011(K) ----------------------------- PETITIONER: -------------- SARITHA R., H.S.A. (NATURAL SCIENCE) H.S. & V.H.S.S., MANNADY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695010. 3. DEPUTY DIRECTOR (EDUCATION), KOLLAM, PIN-691009. 4. DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA-691506. 5. THE MANAGER, HS MANNADY AND KRKPM HS FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD, KADAMPANAD SOUTH P.O., PIN-691553. 6. LINIMOLE HARIS, H.S.A.(NATURAL SCIENCE), KRKPM HIGH SCHOOL FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD, KADAMPANAD SOUTH P.O., PIN-691553. WP(C).No. 904/2011 7. HONEY DAS, H.S.A.(NATURAL SCIENCE), KRKPM HIGH SCHOOL FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD, KADAMPANAD SOUTH P.O., PIN-691553. BY ADV. SRI.CHERIAN VARGHESE FOR R7 SMT.I.SHEELA DEVI FOR R6 GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.904/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 5.8.02. EXT. P2 : COPY OF ORDER No.B1-7177/2002 DTD. 12.5.03 OF R4. EXT. P3 : COPY OF STATEMENT OF RELINQUISHMENT DTD.5.8.02 OF SMT.LINIMOLE HARIS. EXT. P4 : COPY OF STATEMENT OF RELINQUISHMENT DTD. 5.8.02 OF SMT.HONEY DAS. EXT. P5 : COPY OF GOVT. LETTER NO.2377/A3/2006/G.EDN. DTD. 10.2.06. EXT. P6 : COPY OF G.O.(Rt) No.3033/08/G.EDN. DTD. 2.7.08. EXT. P7 : COPY OF ORDER No.B2-922/09/KDis DTD. 16.6.10 OF R4. EXT. P8 : COPY OF LETTER DTD. 4.11.10 OF MANAGER. EXT. P9 : COPY OF JUDGMENT IN W.P.(C) 16787/2010-W DTD. 14.6.10 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.904 OF 2011 --------------------------------------- Dated this the 31st day of March, 2011. J U D G M E N T The petitioner is working as H.S.A (Natural Science) in the school managed by the 5th respondent. Exts.P2 and P7 orders are under challenge in this writ petition. 2. Heard the learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for the respondents 6 and 7. 3. The petitioner is aggrieved by the denial of approval in a short term vacancy for the period from 05.08.2002 to 08.10.2002. The approval was declined by the District Educational Officer as per Ext.P2 in the light of the fact that Rule 43 claimant and Rule 51A claimant are there awaiting appointment. They have been impleaded as respondents 6 and 7 in the writ petition. When the same authority reconsidered the matter in the light of Ext.P6, again the position was reiterated. W.P.(C) No.904/2011 2 4. Learned counsel for the petitioner submitted that the claimants under Rule 43 and Rule 51A filed declarations before the Manager relinquishing their claim to the short term vacancy. Learned counsel for the respondents 6 and 7 submitted that they are having seniority as H.S.A (Natural Science) and the same cannot be disturbed. 5. Even if the claim of the petitioner has to be considered, it is submitted by the learned counsel for the petitioner that the seniority of the respondents 6 and 7 can be retained and the petitioner is not claiming seniority over the respondents 6 and 7. In that view of the matter, if the District Educational Officer has already received the originals of Exts.P3 and P4 relinquishment letters, appropriate orders will be passed with regard to the approval sought for by the petitioner within a period of two months from today. For enabling the District Educational Officer to reconsider the matter, Exts.P2 and P7 will stand quashed. It is further made clear that the approval W.P.(C) No.904/2011 3 granted to the petitioner will not result in any change of seniority position of the respondents 6 and 7. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp