IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 W.A. No. 83 of 2008 ------------------------------ AGAINST THE JUDGEMENT IN WPC.2826/2004 .................... APPELLANT(S): 4TH RESPONDENT: --------------------- R. SREELATHA, W/O. GOPINATHAN, NJALIKKAL HOUSE, AYAPARAMBU P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.P.S. KRISHNA PILLAI RESPONDENT(S): WRIT PETITIONER AND R1 TO 3: ------------------------ 1. ARAVINDAKSHAN G., S/O. GOPALAKRISHNAN NAIR, HARISREE BHAVAN, NADUVATTAM P.O., PALLIPAD, HARIPAD,ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, NADUVATTOM P.O PALLIPAD, HARIPAD, ALAPPUZHA DISTRICT. R1 BY ADV. SRI. ASOK M. CHERIAN R2 AND R3 BY GOVT. PLEADER SMT. R. BINDU. R4 BY ADVS. SRI.S.SANKARAN THAMPI & SRI.BIJI MATHEW THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. No.83 of 2008 ------------------------------ Dated this, the 16th day of October, 2009 JUDGMENT Balakrishnan Nair, J. The fourth respondent in the Writ Petition challenges the judgment of the learned Single Judge in this appeal. The writ petitioner was a Rule 51-A claimant for the post of Full Time Menial which arose in the school of the fourth respondent herein. The appellant was a claimant under Rule 51-B. It is settled position in law that claim under Rule 51-A will prevail over the claim under Rule 51-B. But, the Deputy Director of Education and the Government held in favour of the appellant by relying on a relinquishment letter, Ext.P3, issued by the first respondent/writ petitioner. It is settled position in law that there is no provision for relinquishment of a claim under Rule 51-A, by issuing a relinquishment letter. The right under Rule 51-A of Chapter XIVA, K.E.R., will be forfeited if the claimant does not join duty on an appointment order being issued by the Manager and thereafter another registered letter W.A. No.83 of 2008 - 2 - is sent to him alerting that someone else would be appointed if the claimant does not join duty within seven days. If the Manager follows the above procedure, and even thereafter the first respondent does not join duty, then only his claim under Rule 51-A will be lost. In view of the above position, we find no reason to interfere with the judgment of the learned Single Judge as per which the order of the Deputy Director and the Government have been quashed, for overlooking the claim of the first respondent, relying on Ext.P3 relinquishment letter. The Writ Appeal, therefore, fails and it is accordingly dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)