IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 35903 of 2009(G) -------------------------- PETITIONER(S): --------------- MARY FREEDA.M, LPSA, ST. ROCH'S LPS, TTI, THOPE, VELLAKKADAVU.P.O, THIRUVANANTHAPURAM -8 RESIDING AT BB COLLEGE, T.C 74/4251, VETTUKAUD, THIRUVANANTHAPURAM - 7. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM NORTH, THIRUVANANTHAPURAM. 3. THE MANAGER, ST. ROCH'S LPS, TTI, THOPE, VELLAKKADAVU.P.O, THIRUVANANTHAPURAM. 4. MARY ANITHA, LPSA, ST. ROCH'S LPS, TTI, THOPE, VELLAKKADAVU.P.O, THIRUVANANTHAPURAM. 5. DONY DAS, LPSA, ST. ROCH'S LPS, TTI, THOPPE, VELLAKKADAVU.P.O, THIRUVANANTHAPURAM. 6. SHEEBA ANTONY, LPSA, ST. ROCH'S LPS, TTI, THOPE, VELLAKKADAVU.P.O, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35903/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2009 J U D G M E N T The petitioner was appointed as L.P.S.A by the Manager, namely, the third respondent herein during different spells. Initially, the appointment was from 12/02/2007 to 02/11/2007 in a leave vacancy of Smt.Leni B., a permanent L.P.S.A, which was approved as per Ext.P1 order. Again she was granted appointment for one year from 03/11/2007 to 15/11/2008 in another leave vacancy of one Sindhu Innocent, a permanent L.P.S.A. Her third spell of appointment is from 17/11/2008 onwards in a leave vacancy of Smt.Mary Rija, another permanent L.P.S.A.. The leave period of Smt.Mary Rija was from 17/11/2008 to 31/10/2009. The petitioner was denied employment from 01/06/2009 without assigning any reason, submits the petitioner. 2. The petitioner contends that when certain other vacancies had arisen in the school on 01/06/2009, the Manager did not consider her claim. It is pointed out that three vacancies arose on 01/06/2009 in the school and as the petitioner is entitled for the benefit of Rule 51A of Chapter XIV-A Kerala Education Rules, her claim for appointment should have been considered. But, the Manager appointed respondents 4 to 6 in those vacancies. In these W.P.(C). No.35903/2009 -:2:- circumstances, the petitioner submitted Ext.P2 representation before the District Educational Officer. Since that was not replied so far, a further representation has been submitted as per Ext.P4. The petitioner seeks for a direction to consider those representations in accordance with law. 3. There will be a direction to the first respondent to consider and pass orders on Exts.P2 and p4 representations after hearing the petitioner and respondent Nos.3 to 6 within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms