IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 5878 of 2005(Y) ------------------------- PETITIONER(S): --------------- ASHA GREGORY, L.P.S.A., L.M.L.P. SCHOOL, MADATHIKONAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.N.MAHESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA, THIRUVANANTHAPURAM. 4. AJITHAKUMARI A., L.P.S.A., L.M.L.P. SCHOOL, PERUMANA, KATTAKKADA, THIRUVANANTHAPURAM. (*)ADDL.R5 REV.R.VIJAYAKUMAR, MANAGER, CORPORATE MANAGEMENT OF LUUTHERAN SCHOOLS, INDIAN, EVANGELICAL LUTHERAN CHURCH, TRIVANDRUM SYNOD,PEROORKADA, THIRUVANANTHAPURAM (*)ADDL.R6 REV.C.H.ALFRED, MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOL, INDIAN EVANGELICAL LUTHERAN CHURCH, TRIVANDRUM SYNOD, PEROORKADA, THIRUVANANTHAPURAM. ADV. SRI.P.K.MANOJKUMAR FOR R4 SRI.P.GOPALAKRISHNAN NAIR FOR R6 SRI.D.KISHORE GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 & R2 (*)ADDL.RESPONDENT NOS.5 AND 6 IMPLEADED AS PER ORDER DATED 13/06/2005 ON I.A.NO.4019/2005 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5878 of 2005(Y) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT.1/12/1999 ISSUED BY MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS. EXT.P2 TRUE COPY OF ORDER DATED 16/11/2002 ISSUED BY --DO-- EXT.P3 TRUE COPY OF ORDER DATED 26/05/2003 ISSUED BY --DO-- EXT.P4 TRUE COPY OF THE DATED 1/6/2004 ISSUED BY --DO-- EXT.P5 TRUE COPY OF ORDER DATED 31/01/2005 ISSUED BY ADDL.DIRECTOR OF PUBLIC INSTRUCTIONS (ACADEMIC) EXT.P6 TRUE COPY OF SENIORITY LIST EXT.P7 TRUE COPY OF ORDER DATED 26/05/2003 ISSUED BY MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS. EXT.P8 TRUE COPY OF ORDER DATED 14/07/2004 IN WPC 5726/2004 OF THIS COURT. \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5878 of 2005-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2009. JUDGMENT The petitioner has approached this court challenging Ext.P5, whereby the claim for appointment under Rule 51A of Chapter XIV-A K.E.R. was found against her on the ground that the appointment was made by an unapproved Manager. 2. Learned counsel for the petitioner and learned counsel appearing for the 4th respondent submitted that in the light of the subsequent order passed by the Government, viz. G.O.(Rt) No.2957/2009/G.Ed. dated 16.7.2009, the writ petition can be closed. Now the Government, after hearing various authorities, has held that the petitioner herein, viz. Smt. Asha Gregory is the senior claimant under Rule 51A than the 4th respondent. The Government also upheld the claim of the 4th respondent in a subsequent vacancy. It is submitted that both persons have been appointed and the further action for approval of appointments are pending. In the light of the interim order passed by this court, the petitioner is continuing in service also. Therefore, the writ petition is disposed of recording the fact that the wpc 5878/2005 2 matter is presently governed by the directions issued by the Government in the order dated 16.7.2009 and the order impugned in this writ petition no longer survives. Therefore, the educational authorities will take appropriate follow up action in the matter in terms of the order passed by the Government. (T.R. Ramachandran Nair, Judge.) kav/