IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15874 of 2009(D) -------------------------- PETITIONER(S): --------------- P.R.RAJITHA, LAB ASSISTANT, PERAMBRA H.S.S., PERAMBRA, KOZHIKODE. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE. 4. THE MANAGER, PERAMBRA H.S.S., PERAMBRA, KOZHIKODE. GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15874/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of June, 2009 J U D G M E N T The petitioner is working as a Lab Assistant in the Perambra Higher Secondary School, Perambra, Kozhikode. One Sri.K.K.Ajithkumar, Lab Assistant, entered on leave from 16/072005 to 15/07/2010. She was appointed as a leave substitute in that vacancy with effect from 17/08/2005. The competent authority declined the grant of approval of appointment of the petitioner stating that “there are four Lab Assistants working against the two posts sanctioned. The vacancy arose due to the relief/leave of supernumerary hands cannot be filled in”. An appeal filed by the Manager against the said order has also been rejected by the Director of Higher Secondary Education as per order dated 26/07/2002. The petitioner has a Post Graduate degree in Zoology with B.Ed. qualification. It is stated that she is a claimant under Rule 51B of Chapter XIV of the K.E.R. The petitioner contends that Sri.Ajithkumar was holding a permanent post of Lab Assistant and, therefore, when he has availed leave a substitute vacancy has arisen to which the petitioner is appointed. 2. All that the petitioner prays is for a direction to dispose of Ext.P7 revision petition, filed by the Manager, by the first respondent within W.P.(C). No.15874/2009 -:2:- a time frame after hearing the parties. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P7 in accordance with law after hearing the petitioner, the Manager and any other affected parties within a period of four months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms