IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15180 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------ LEKHA SOMAN, AMBADI, KOTTAPPURAM, PARAVOOR, KOLLAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. ASSISTANT EDUCATIONAL OFFICER, CHATHANOOR, KOLLAM. 2. SMT.A.SARASWATHY, JOINT MANAGER OF CHEMPAKASSERI, EDUCATIONAL AGENCY BHOOTHAKULAM, CHITTUR HOUSE, THIRUMULLAVARAM P.O., KOLLAM DISTRICT. 3. A.LALITHA DAS, JOINT MANAGER OF CHEMPAKASSERI, EDUCATIONAL AGENCY BHOOTHAKULAM, KALINDI, SREENIVASAPURAM P.O., VARKKALA, THIRUVANANTHAPURAM. 4. DISTRICT EDUCATIONAL OFFICER, KOLLAM. 5. AJITHAKUMARI, UPSA, CHEMPAKASSERRY U.P.SCHOOL, BHOOTHAKULAM P.O., KOLLAM. R1 & R4 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 15180 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2010 J U D G M E N T The petitioner was, earlier, appointed as Lower Primary School Assistant in Chembakassery U.P School under the joint management of respondents 2 and 3 for the period from 11.12.2000 to 11.2.2001 and the same was approved as per Ext.P2 and P3. The grievances of the petitioner is that ignoring his legitimate claim under Rule 51A of Chapter XIV- A of Kerala Education Rules, the 5th respondent was appointed when a substantial vacancy had occurred on 1.6.2009. Based on Ext.P6 objection preferred by the petitioner, the said appointment of the 5th respondent was not approved so far. Ext.P6 is still pending before the first respondent. This writ petition has been filed, in the circumstances, inter alia, for a declaration that the petitioner is entitled to get appointment to the post of LPSA/UPSA as and when a substantive vacancy arose in the school being a Rule 51A claimant as approved in Exts.P2 and P3. 2. The claim of the petitioner is that he is 51A claimant WPC.15180/2010 : 2 : under chapter XIV-A of KER. When a grievance is made with respect to the overlooking of the claim under Rule 51A of Chapter XIV-A, the competent authority has a duty to look into the grievance and pass orders, in accordance with law. Ext.P6 has already been preferred by the petitioner against the appointment of the 5th respondent in the vacancy that has arisen on 1.6.2009. The first respondent is duty bound to look into Ext.P6and pass orders thereon. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P6 within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and respondents 2, 3, and 5. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge WPC.15180/2010 : 3 :