IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36936 of 2009(J) ------------------------------- PETITIONER: -------------- P.JEEJA, AGED 33 YEARS, W/O.SURESH KUMAR, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE) NAVAMUKUNDA HIGHER SECONDARY SCHOOL, THIRUNAVAYA, TIRUR, MALAPPURAM DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 3. THE MANAGER, NAVAMUKUNDA HIGHER SECONDARY SCHOOL AND P.P.N.M.A.U.P. SCHOOL, TIRUR, MALAPPURAM DISTRICT. 4. SMT.M.K.BINDU, HIGH SCHOOL ASSISTANT (ENGLISH), NAVAMUKUNDA HIGHER SECONDARY SCHOOL, THIRUNAVAYA, TIRUR, MALAPPURAM DISTRICT. BY MR.T.T.MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36936 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009. J U D G M E N T The petitioner is working as High School Assistant (Physical Science) in the Navamukunda Higher Secondary School, Thirunavaya, Tirur in Malappuram District. The petitioner has got various spells of appointment, the details of which are stated in paragraph 1 of the writ petition. Exhibit P1 is the staff fixation order for the academic year 2009-2010. It is the case of the petitioner that being a Rule 51A claimant, she is entitled to get appointment as H.S.A (Physical Science) from 01.06.2009 onwards. But, the Manager appointed the 4th respondent as H.S.A (English) from the said date against the 8th post of H.S.A (Physical Science) and the petitioner was appointed in an anticipated post from 19.10.2009. The same was done as per Exhibit P2 order. The petitioner filed Exhibit P3 representation before the 2nd respondent challenging the same, the File number of which is mentioned as B1/12294/2009. W.P.(C) No.36936/2009 2 2. The petitioner is relying upon various Government Orders and the decisions of this Court in support of the plea that she is entitled to get promotion as H.S.A (Physical Science) against the 8th sanctioned post of H.S.A (Physical Science). There will be a direction to the 2nd respondent to take a decision on Exhibit P3, after hearing the petitioner and respondents 3 and 4, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp