IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 3956 of 2009(U) -------------------------------------- PETITIONER(S): ------------------------- A.AJITHAKUMARY, U.P.S.A. LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA. BY ADV. MR.P.K.MANOJKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 4. REV.R.VIJAYAKUMAR, THE CORPORATE MANAGER, LUTHERAN SCHOOLS, I.E.L.CHURCH, CONCORDIA H.S.COMPOUND, THIRUVANANTHAPURAM SYNOD, PERURKADA P.O. THIRUVANANTHAPURAM - 695 005. ADV. MR.D.KISHORE FOR R4 BY GOVERNMENT PLEADER MR.A.J.ARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.3956 of 2009 ====================================== Dated this the 19th day of February 2009 JUDGMENT The petitioner claims that she is presently working as Upper Primary School Assistant in the Lutheran High School at South Aryad in Alappuzha District. She was originally appointed as Lower Primary School Assistant by Ext.P1 order dated 24.1.2000 in Lutheran Lower Primary School, Perumana in Thiruvananthapuram District, by Sri.Rev.C.H.Alfred the approved Manager of the school. That appointment was in a leave vacancy for the period from 24.1.2000 to 28.3.2000. The said appointment was approved by the Assistant Educational Officer, Kattakkada by order passed on 22.4.2000. On the cessation of the vacancy for which the petitioner was appointed, she was relived from service. 2. With the approval of the petitioner's appointment in the leave vacancy for the period from 24.1.2000 to 28.3.2000, the petitioner became a Rule 51A claimant. Recognizing that right, she was reappointed as Lower Primary School Assistant in the Lutheran L.P.School at Madathikonam in Thiruvananthauram District by the then Manager as per Ext.P2 appointment order dated 1.6.2004. The said appointment was in the vacancy that arose due to promotion of an L.P.School Assistant as Headmaster. The said appointment was not approved by the Assistant W.P.(C)No.3956 of 2009 2 Educational Officer, Kattakkada in view of a dispute regarding the management of the schools. The petitioner however continued to work in the school till 2.6.2007. The petitioner states that when her appointment under Ext.P2 was rejected, she submitted Ext.P6 representation before the Secretary to Government, General Education Department requesting that her appointment under Ext.P2 may be approved and that no order has been passed thereon. 3. In the meanwhile, another vacancy of Lower Primary School Assistant arose in the Lutheran L.P.School, Muhamma and in the said vacancy, the Manager appointed Smt.Asha Gregory as Lower Primary School Assistant. The petitioner has a claim that as Rule 51A claimant, she ought to have been appointed atleast in the said vacancy. It appears that later the petitioner was appointed as Upper Primary School Assistant by Ext.P4 order dated 31.5.2007 in the Lutheran High School at South Aryad against a regular vacancy that arose on 28.7.2005 on the promotion of Smt.P.S.Beena Devi as High School Assistant (NS). The said appointment was not approved by the District Educational Officer, Alappuzha. The Manager thereupon filed an appeal before the Deputy Director of Education and that was also dismissed. The petitioner thereupon moved the Director of Public Instruction in W.P.(C)No.3956 of 2009 3 revision. By Ext.P7 order passed on 4.6.2008, the said revision petition was also rejected on the ground that the promotion of Smt.P.S.Beena Devi, Upper Primary School Assistant as High School Assistant with effect from 28.7.2005, in which vacancy the petitioner was appointed by Ext.P4 as Upper Primary School Assistant has not been approved. The petitioner has aggrieved by Ext.P7 filed Ext.P8 revision petition before the Secretary to Government, General Education Department wherein she also raised a claim that her appointment under Ext.P2 ought to have been approved. In this Writ Petition, the petitioner inter alia prays for a direction to the Secretary to Government, General Education Department to consider Ext.P6 representation and Ext.P8 revision petition and pass orders thereon after affording her an opportunity of being heard. 4. I have heard Sri.P.K.Manoj Kumar, the learned counsel appearing for the petitioner and Sri.D.Kishore, the learned counsel appearing for the fourth respondent Manager on notice. I have also heard the learned Government Pleader appearing for the official respondents. The fact that the petitioner is a Rule 51A claimant, is not in dispute. This is amply borne out by Ext.P1. Therefore the petitioner had a right to be appointed against the vacancies that arose after 28.3.2000. However, her subsequent W.P.(C)No.3956 of 2009 4 appointments under Exts.P2 and P4 have been rejected for various reasons by the educational authorities. The petitioner has brought these facts to the notice of the Government in Ext.P6 representation and Ext.P8 revision petition. Since the petitioner has already invoked the jurisdiction of the Government, which has statutory and reserve powers to secure the ends of justice, I am of the opinion that before this Court proceeds to enquire into the merits of the petitioner's contentions, the Government should bestow attention to the grievance voiced by the petitioner in Exts.P6 and P8 and take a decision thereon. 5. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider Ext.P6 representation and Ext.P8 revision petition and pass orders thereon, after affording the petitioner, the fourth respondent Manager and Smt.Asha Gregory a reasonable opportunity of being heard. If the Secretary to Government is of the opinion that it is necessary to hear any other teacher or teachers also, for effectively disposing of the matter, it will be open to him to issue notice to and hear such persons also. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of the judgment before the Secretary to Government, General W.P.(C)No.3956 of 2009 5 Education Department. Needless to say the Secretary to Government, General Education Department shall while passing order in the matter bear in mind, the purpose underlying Rule 9(1) of Chapter XIVA of the Kerala Education Rules. P.N.RAVINDRAN, JUDGE css/