IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RP.No. 1240 of 2008(W) ---------------------- AGAINST THE JUDGEMENT IN WPC.16786/2004 Dated 31/10/2008 REVIEW PETITIONER(S): PETITIONER IN THE WRIT PETITION: ------------------------------------------------------ K.R.JEEJI, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), S.N.HIGHER SECONDARY SCHOOL, SREEKANTESWARAM, POOCHAKKAL, ALAPPUZHA DISTRICT. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): RESPONDENTS IN WRIT PETITION: -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. OF KERALA, GENERAL EDUCATION(T) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, S.N.HIGHER SECONDARY SCHOOL, SREEKANTESWARAM, POOCHAKKAL, ALAPPUZHA DISTRICT. 4. SMT.K.S.BEENA RANI, HIGH SCHOOL ASSISTANT (MATHS), S.N.HIGHER SECONDARY SCHOOL, SREEKANTESWARAM, POOCHAKKAL, ALAPPUZHA DISTRICT. ADV. SRI.K.JAJU BABU FOR R4 GOVT. PLEADER SRI. K.V. MANOJ KUMAR ADV. SRI. K.A. MUHAMMED. ADV. SRI. K.B PRADEEP. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, A/W. R.P.NO. 1241/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= R.P. Nos. 1240 & 1241 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th November, 2008. O R D E R The writ petitions, the common judgment in which is sought to be reviewed in these review petitions, were in respect of rival claims between Smt. K.S. Beena Rani, who was an existing High School Assistant in the School and Smt. K.R. Jeeji, who is a direct recruit for the post of Higher Secondary School Teacher. In that judgment, I held that Smt. Beena Rani is entitled to be appointed by transfer as HSST in preference to Smt. Jeeji. Now the review petitions are filed seeking a direction to the Manager to appoint Smt. Jeeji that in the resultant vacancy of HSA vacated by Smt. Beena Rani on implementation of the judgment. 2. In the review petitions, the manager has filed a counter affidavit, which reads as follows: “I am the Manager of Sree Narayana Higher Secondary School, Sreekanteswaram, Poochakkal. I am conversant with the facts of the case. The petitioner has filed the above review petition seeking for direction to appoint her as H.S.A (Mathematics) with effect from 3-10-2000 in the vacancy to be caused by implementation of the judgment in the writ petition, by appointment of the 4th respondent as H.S.S.T (Maths). As on 3-10-2000 the petitioner is a Rule 51 A claimant for appointment as H.S.A (Maths). There is no other Rule 51A claimant. Since there is no L.P. or U.P Section for the school and since there is no other school under my management there is no Rule 43 claimant for promotion as H.S.A Maths in the vacancy which is deemed to have arisen on 3-10-2000. I submit that I am willing to appoint the petitioner Smt. K.R. Jeeji, as H.S.A (Maths) with effect from 3-10-2000 in the post being vacated by the 4th respondent with effect from the date of implementation of the judgment.” I am of opinion that in view of the said averments in the counter affidavit, nothing further needs to be done in these review petitions R.P. Nos. 1240 & 1241/2008. -: 2 :- and accordingly, recording the averments in the counter affidavit, these review petitions are closed. It is for the Manager to issue appropriate orders of appointment in accordance with his undertaking as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.