IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 24701 of 2007(N) -------------------------- PETITIONER(S): --------------- THUSHARA L. UNNI, AGED 29 YEARS, W/O.MAJEENDRAN, THUSHARAM, NAVARAPOTTA, KOLLENGODE P.O., PALAKKAD DISTRICT (FULL TIME HINDI TEACHER PERUMAL KOVIL DEVASWOM U.P.S. KOLLENGODEP.O., PALAKKAD. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE MANAGER, PERUMAL KOVIL DEVASWOM U.P. SCHOOL, KOLLENGODE P.O., PALAKKAD DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. STATE OR KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 GOVERNMENT PLEADER FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT.2.7.97 ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF PETITIONER'S B.A. DEGREE CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY. EXT.P3 TRUE COPY OF PETITIONER'S B.ED DEGREE CERTIFICATE ISSUED BY CALICUT UNIVERSITY. EXT.P4 TRUE COPY OF INTERIM ORDER DT.31.5.06 IN WPC 13768/06. EXT.P5 TRUE COPY OF JUDGMENT IN WPC 13768/2006. EXT.P6 TRUE COPY OF ORDER DT. 6.8.07 ISSUED BY THE MANAGER DECLINING APPOINTMENT TO THE PETITIONER AS U.P.S.A. EXT.P7 TRUE COPY OF STAFF FIXATION ORDER OF THE SCHOOL FOR THE ACADEMIC YEAR 2006-07. EXT.P8 TRUE COPY OF REQUEST DT.7.4.07 MADE BY THE PETITIONER TO THE MANAGER, PERUMAL KOVIL DEVASWOM U.P.SCHOOL. EXT.P9 TRUE COPY OF JUDGMENT DT.12.10.06 IN WPC 31924/2005. RESPONDENTS' EXTS: EXT.R1(a) TRUE COPY OF LETTER DT. 4.8.07 EXT.R1(b) TRUE COPY OF ORDER DT. 14.1.04. EXT.R1(c) TRUE COPY OF ORDER DT. 5.6.06. EXT.R1(d) TRUE COPY OF LETTER DT.23.2.07. EXT.R1(e) TRUE COPY OF REPRESENTATION DT.MAY, 2007. /TRUE COPY/ K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 24701 of 2007 N - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court challenging Ext.P6 order of the first respondent Manager rejecting her claim for appointment as Upper Primary School Assistant (U.P.S.A.) in his school. 2. Brief facts of the case are as follows: The petitioner was appointed as a Full Time Hindi teacher in the first respondent's school from 2.7.1997 to 11.9.1997. The said appointment was approved and salary was paid to her. She submits that she acquired B.A. and B.Ed. qualifications in 2003 and 2006 respectively. Later, two vacancies of U.P.S.A. arose on 5.6.2006 and 1.6.2007 respectively. The petitioner moved for appointment as U.P.S.A. before the Manager. On the direction of this Court, the Manager considered the claim and rejected it by Ext.P6. W.P.(C).No. 24701 of 2007 2 2. The Manager rejected the claim of the petitioner for the post which arose in 2006. Staking her claim for the vacancy which arose in 2007, she had moved the Manager again by filing Ext.P8 representation. A copy of the same has been submitted before the A.E.O. also. The learned counsel for the petitioner pointed out that Ext.R1(d) communication issued by the A.E.O. to the Manager would show that the latter is seeking approval of appointment of one Gopi as U.P.S.A. overlooking the petitioner's claim. 3. In the above background, the petitioner prays for appropriate direction to the Manager to appoint her as U.P.S.A. The first respondent has filed a counter affidavit resisting the prayers in the writ petition. Since we do not propose to go into the merits of the case, we are not referring to the rival contentions raised by the parties. If the Manager passed an adverse order, the petitioner has got a hierarchy of authorities under the K.E.R. to approach for the redressal of her grievances. The petitioner may work out her remedy against Ext.P6 in accordance with law. If there is any bar of limitation, the period during which this writ petition was pending before this court, shall be W.P.(C).No. 24701 of 2007 3 excluded while computing the same. She can also pursue the claim raised by her before the A.E.O. by forwarding a copy of Ext.P8 to the said officer. If the representation of the petitioner in this regard is received and pending, the same shall be disposed of by the second respondent, A.E.O., after affording an opportunity of being heard to the petitioner, the Manager and other affected teachers, if any, within two months from the date of production of a copy of this judgment. 4. This writ petition is disposed of as above. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm