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. 16885 of 2011(I) -------------------------- PETITIONER(S): --------------- LEENA.A, LPSA, ALP SCHOOL, KOTTOPADAM EAST, MANNARKKAD, PALAKKAD DISTRICT. RESIDING AT SURESH BUILDING, PALLIKURUP P.O., THACHAMPARA VIA, MANNARKAD, PALAKKAD-678582. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATION OFFICER, MANNARKKAD, PALAKKAD DSITRICT, PIN 678 582. 2. THE MANAGER, ALP SCHOOL, KOTTOPADAM EAT, MANNARKKAD, PALAKKAD DISTRICT-678 583. 3. ATHIKKA, LPSA, ALP SCHOOL, KOTTOPADAM EAST, MANNARKKAD, PALAKKAD DISTRICT, PIN 678 583, RESIDING AT CHELAKKADAN HOUSE, THAZHEKKAD WEST P.O., MALAPPURAM DISRICT-679 352. GOVERNMENT PLEADER Shri V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16885 of 2010(I) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE THIRD RESPONDENT ISSUED BY THE SECOND RESPONDENT DATED 1/6/2011 EXT.P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER ISSUED BY THE SECOND RESPONDENT EXT.P3 TRUE COPY OF THE ORDER NO.1 DIS.D/2339/2008 DATED 17/11/2008 ISSUED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 21/05/2011 EXT.P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 01/06/2011 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16885/2011-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner herein challenges the appointment of the third respondent as Lower Primary School Assistant. Ext.P1 is the copy of the appointment order. It is submitted that earlier, the petitioner was appointed by the second respondent as Lower Primary School Assistant from 15/07/2008 as per Ext.P2 order. When the same was sent for approval, it was rejected by Ext.P3 order by the first respondent. The rejection was on the ground that there is a ban for creation of additional posts in the light of G.O.(P). No.317/05/Fin., dated 17/08/2005. It is pointed out that the ban has been lifted by the Government as per G.O.(P).No.10/10/Gl.Edn., dated 12/01/2010. It is also pointed out that even though the Manager has to file a declaration, that has not been complied with so far. But in the meanwhile, a retirement vacancy arose on 31/03/2011 consequent on the retirement of one Shri A.Assainar, L.P.S.A. Petitioner submitted various representations in the matter. It is submitted that W.P.(C). No.16885/2011 -:2:- overlooking the claim of the petitioner, the third respondent has been appointed. It is also submitted that the third respondent is a fresh hand. The petitioner has already approached the Assistant Educational Officer by filing Ext.P5 wherein the claim of the petitioner has been detailed. It is prayed that the first respondent may be directed to consider Ext.P5 before granting approval of appointment of the third respondent. 2. There will be a direction to the first respondent to consider the grievances raised by the petitioner in Ext.P5, before finalising the proposal of approval of appointment of the third respondent, and a decision will be taken after hearing the petitioner, the Manager and the third respondent, within six weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms