IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 18013 of 2009(V) -------------------------------- PETITIONER: -------------- REENA ANTONY, W/O. P.V. BABU, AGED 38 YEARS, PUTHUSSERY HOUSE, OLANAD, VARAPUZHA. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DIST. 3. THE MANAGER, ST. GEORGE HIGH SCHOOL, PUTHENPALLY, (VIA) VARAPUZHA, ERNAKULAM DIST. 4. THE HEADMASTER, ST. GEORGE'S HIGH SCHOOL, PUTHENPALLY, (VIA) VARAPUZHA, ERNAKULAM DIST. 5. SMT. JISSY JOSEPH, LOWER PRIMARY SCHOOL ASSISTANT (UNDER ORDERS OF PROMOTION AS HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), ST. GEORGE HIGH SCHOOL, PUTHENPALLY, (VIA) VARAPUZHA, ERNAKULAM DIST. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18013 OF 2009 --------------------------------------- Dated this the 29th day of June, 2009. J U D G M E N T The petitioner had been working as Upper Primary School Assistant as well as High School Assistant under the 3rd respondent as per Exhibits P1 to P4 appointment orders. The said orders have been approved on regular scale going by Exhibit P5 and on daily wages going by other orders. 2. The petitioner contends that there is a vacancy of H.S.A (Physical Science) in the school from 01.06.2009 and as a Rule 51A claimant, under Chapter XIV-A of Kerala Education Rules the petitioner is entitled to be appointed. It is also submitted that going by the judgment of this Court in Exhibit P6, the petitioner has got a preference than a Rule 43 claimant. Exhibit P7 is a copy of the representation submitted by the petitioner to the Manager with copy to the District Educational Officer. W.P.(C) No.18013/2009 2 Therefore, the 2nd respondent will take a decision on Exhibit P7, after hearing the petitioner, Manager and the 5th respondent, within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp