IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WA.No. 24 of 2008 ------------------------- AGAINST THE JUDGEMENT IN WPC.10976/2006 Dated 23/01/2007 .............................. APPELLANT: PETITIONERS --------------------------------------- 1. MANAGER, HIGHER SECONDARY SCHOOL, MUTHUKULAM. 2. G.BINDU, HSA (MATHS), HIGHER SECONDARY SCHOOL, MUTHUKULAM. 3. J.JYOTHILAKSHMI, HSA (MATHS), HIGHER SECONDARY SCHOOL, MUTHUKULAM. BY ADV. SMT.S.KARTHIKA SRI.M.R.ANISON RESPONDENTS: RESPONDENTS --------------------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALLEPPEY. 4. THE DISTRICT EDUCATIONAL OFFICER, ALLEPPEY. BY GOVERNMENT PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.A.No.24 of 2008 ======================== Dated this the 10th day of January, 2008. JUDGMENT Balakrishnan Nair,J. The writ petitioners are the appellants. They approached this Court feeling aggrieved by the non-approval of the appointment of appellants 2 and 3 in the post of H.S.A. (Maths) made by the first appellant - Manager with effect from 2.6.2003. The petitioners submitted that respondents 2 and 3 have approved their earlier spells of service in the cadre of H.S.A. and so they are Rule 51A claimants. Two teachers, who were H.S.A. (Maths), retired at the end of the academic year 2002-2003. As a result two vacancies arose, according to the appellants, in the cadre of H.S.A. (Maths) during the academic year 2003-2004. In those vacancies, appellants 2 and 3 were appointed as Rule 51A claimants. But the Controlling Officer declined to approve those appointments as the periods for English handled by the HSAs (Core subjects) were diverted for creating the post of H.S.A. (English). The periods were diverted as provided in Rule 6 I of Chapter XXIII of the Kerala Education Rules. As a result, there are no vacancies in the post of H.S.A. (Maths). As per the staff fixation order also, no vacant post of H.S.A. (Maths) was available. Rule 51A claimants can claim reappointment, if there WA 24/08 -: 2 :- are vacancies to accommodate them. This is a case where there are no sanctioned vacancies in the cadre of H.S.A. (Maths) and that is why their appointments were not approved by the Controlling Officer. The same was affirmed by the higher authorities also. 2. In view of the above, we find nothing illegal with the impugned orders or the decision of the learned single Judge declining to interfere in the matter. This was not a case where the right for appointment under Rule 51A was not recognised. The Manager was willing to appoint them and he actually appointed them also. But, their appointment happened to be not approved for want of vacancies. Therefore, the writ appeal fails and it is dismissed. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 12/1