IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 33129 of 2010(M) PETITIONER: --------------- T.K.RANNI, W/O.A.M.PRINCE, AGED 43 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, ST.MARY'S L.P.SCHOOL, KUZHIKKATTUSSERY, (VIA) IRINJALAKUDA, THRISSUR-680 696. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE-680 003, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA-680 121, THRISSUR DISTRICT. 5. THE CORPORATE MANAGER, PAVANATMA EDUCATIONAL AGENCY, KALLETTUMKARA, THRISSUR DISTRICT-680 683. 6. SMT.JINCY P.KURIAN, HIGH SCHOOL ASSISTANT (MATHS), ST.MARY'S GIRLS HIGHER SECONDARY SCHOOL, KUZHIKKATTUSSERI-680 683, THRISSUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 33129 OF 2010 M ------------------------------------------------------ Dated this the 19th day of November, 2010 JUDGMENT The case of the petitioner is the following. The petitioner is working as LPSA in St.Mary's L.P.School, Kuzhikkattussery in Thrissur District. The service details of the petitioner are mentioned in paragraph 1 of the Writ Petition. It is stated that the sixth respondent, Jincy P.Kurian, was also working as UPSA at D.B.High School, Kodakara, which is also under the same management. A leave vacancy of H.S.A. (Maths) arose in September, 2009, which continued up to 31.3.2010. According to the petitioner, she is the rightful claimant to the post of H.S.A. (Maths) against the leave vacancy. The petitioner claims that she is a Rule 43 claimant as well as Rule 51A claimant. Denying the claim of the petitioner, the Manager appointed the sixth respondent as H.S.A. (Maths) from September, 2009 to March, 2010 on the ground that she is a senior Rule 43 claimant. The petitioner filed objections before the District Educational Officer. The objections raised by the petitioner were rejected by the District Educational Officer as per Ext.P2 order dated W.P.(C) NO.33129 OF 2010 :: 2 :: 14.10.2009. Challenging Ext.P2 order, the petitioner filed Ext.P3 appeal dated 27.10.2009 before the Deputy Director of Education, Thrissur. It is stated that Ext.P3 appeal was not disposed of. Meanwhile, the Manager appointed the sixth respondent again as H.S.A. (Maths) from 1.6.2010 against a regular vacancy. 2. In these circumstances, the petitioner filed Ext.P7 representation dated 20.8.2010 under the proviso to Rule 65 of Chapter XIV C of the Kerala Education Rules. Ext.P7 representation is pending disposal. The petitioner relied on the decisions in Jannet Varghese v. State of Kerala (2006 (3) KLT 435) and Sandhya.T.N. v. Jalaja Kumari and others (ILR 2008(3) Kerala 175). 3. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that, for the time being, it would be sufficient if a direction is issued to the first respondent to consider and dispose of Ext.P7 representation. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to W.P.(C) NO.33129 OF 2010 :: 3 :: consider and dispose of Ext.P7 representation dated 20.8.2010 submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and respondents 5 and 6. The petitioner shall produce a copy of the writ petition and certified copy of the judgment before the first respondent. The petitioner shall also send a copy of the Writ Petition and copy of the judgment to respondents 5 and 6 by registered post and she shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/