IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 20296 of 2008(N) -------------------------- PETITIONER(S): ---------------- V.S.SREEKUMARI, SIVAKRIPA HOUSE, PERUNNA EAST, CHANGANASSERY. BY ADV. MR. G.SUKUMARA MENON MS.DEEPTHI S.MENON RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. THE MANAGER, M.G.M.N.S.S., HIGHER SECONDARY SCHOOL, LAKKATTOOR, KOTTAYAM. ADV. MR. R.ANIL FOR R4 GOVERNMENT PLEADER MR. A.J. VARGHESE FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.20296 of 2008-N ------------------------------ Dated this the 1st day of April, 2009. J U D G M E N T Heard Smt.Deepthi S.Menon, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3 and Sri.R.Anil, the learned counsel appearing for the fourth respondent. 2. The petitioner’s father late Sivasankaran Nair was employed as Physical Education Teacher in the fourth respondent’s school. He died in harness on 29.3.1989. After the State Government vacated the order passed by it, staying the operation of Rule 51B of Chapter XIVA of the KER, the petitioner moved the Director of Public Instruction seeking employment assistance under Rule 51B of Chapter XIV A of the KER. By Ext.P1 letter dated 25.1.1999 the Director of Public Instruction directed the Manager to appoint the petitioner against any of the existing/arising vacancies without fail. The Manager thereupon sent a letter dated 28.7.1999 to the District Educational Officer, Kottayam stating that no vacancy of L.D Clerk was then in existence. The District Educational Officer, Kottayam thereupon sent Ext.P2 letter dated 16.8.1999 informing W.P(C) No.20296 of 2008-N 2 the petitioner that the post of L.D Clerk is filled up by Rule 43 claimants if they are qualified. The petitioner was also informed that if she is willing to be posted as Full Time Menial/Peon she should inform the Manager and the Department. 3. The petitioner thereupon sent Ext.P3 letter dated 30.8.1999 to the District Educational Officer, Kottayam with copy to the Manager and others informing them that she is willing to be posted as Full Time Menial/Peon in the existing or next arising vacancy. She also submitted an application in the prescribed form along with Ext.P3. However the petitioner was not appointed as Full Time Menial/Peon. 4. The pleadings disclose that two vacancies of Peon arose in the school on 1.6.2008 due to the retirement of the incumbents. One vacancy of Peon was filled up by promoting Sri.P.N.Raman, Full Time Menial as Peon. The second vacancy was filled up by appointing Sri.P.N.Sunil from the open market. The vacancy of Full Time Menial that arose when Sri.P.N.Raman was promoted as Peon was filled up by appointing Sri.Manukumar on 1.6.2008. 5. On going through the pleadings, it is evident that the Manager ought to have appointed the petitioner as Peon or as Full W.P(C) No.20296 of 2008-N 3 Time Menial. In any case, the Manager ought to have appointed the petitioner as Full Time Menial in the vacancy that arose when Sri.P.N.Raman, Full Time Menial was promoted as Peon. The appointment of Sri.Manukumar as Full Time Menial in the vacancy that arose on the promotion of Sri.P.N.Raman, Full Time Menial as Peon was in my opinion illegal. The entitlement of the petitioner under Rule 51B of Chapter XIV A of the KER for appointment against the said vacancy was overlooked when the Manager made the said appointment. I accordingly dispose of this writ petition with the following directions: i) The fourth respondent shall forthwith appoint the petitioner as Full Time Menial in the vacancy that arose on the promotion of Sri.P.N.Raman, Full Time Menial as Peon. ii) The fourth respondent shall issue the formal appointment order and submit a proposal to approve the petitioner's appointment within one month from the date of receipt of a certified copy of this judgment from the petitioner. iii) The official respondents are directed not to approve any person other than the petitioner as Full Time Menial in the said vacancy. W.P(C) No.20296 of 2008-N 4 iv) The concerned Educational Officer shall, if the appointment of the petitioner is otherwise in order, issue orders approving the said appointment expeditiously and in any event within one month from the date on which the appointment order together with proposal seeking approval is received by him from the Manager. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab