IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 33236 of 2010(D) PETITIONER: --------------- NEENU BABY, HIGH SCHOOL ASSISTANT (ENGLISH), EBENEZER HIGH SCHOOL, VEETTOOR, MUVATTUPUZHA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-30. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686 661. 5. THE MANAGER, EBENEZER HIGH SCHOOL, VEETTOOR, MUVATTUPUZHA-686 661. 6. SMT.JESSY K.JOHN, HIGH SCHOOL ASSISTANT (SS), -DO- R6 BY ADV. SRI.P.RAMAKRISHNAN GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 33236 OF 2010 D ------------------------------------------------------ Dated this the 8th day of November, 2010 JUDGMENT The case of the petitioner is the following: The petitioner commenced service as UPSA in Ebenezer High School, Veettoor, Muvattupuzha with effect from 2.6.2008. The appointment of the petitioner as UPSA was approved by the District Educational Officer as per Ext.P1 order dated 31.3.2010. One H.S.A.(SS) was in excess during the previous year and he was accommodated against the H.S.A.(English) cadre. On 31.3.2010, one H.S.A.(SS) retired from service. Thus one post of H.S.A.(English) became vacant. The petitioner claims that she is a Rule 43 claimant. The Manager promoted the petitioner against the vacancy of H.S.A.(English) with effect from 1.6.2010, as per Ext.P3 order. 2. The sixth respondent is working as H.S.A.(SS) in the School. The sixth respondent was appointed for the period from 7.6.2001 to 31.5.2011 against a leave vacancy. She staked claim against the vacancy of H.S.A.(English). The sixth respondent claimed the benefit of G.O.(MS)No.132/09/G.Edn. dated 17.6.2009. W.P.(C) NO.33236 OF 2010 :: 2 :: According to the petitioner, the sixth respondent is not qualified for the post of H.S.A.(English). The petitioner also contends that the sixth respondent cannot claim the benefit of Rule 51-A of Chapter XIV-A of the Kerala Education Rules as, on the date of occurrence of the vacancy of H.S.A.(English), the sixth respondent was not a retrenched teacher. 3. The question of approval of the appointment of the petitioner as H.S.A.(English) was considered by the District Educational Officer, after taking into account the objection raised by the sixth respondent as well. Thereupon, the District Educational Officer passed Ext.P6 order dated 1.10.2010. The petitioner filed Ext.P7 appeal before the Deputy Director of Education challenging Ext.P6 order passed by the District Educational Officer. Challenging the order passed by the District Educational Officer, the Manager has also filed Ext.P8 appeal before the Deputy Director of Education. Exts.P7 and P8 are pending disposal. 4. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that the petitioner W.P.(C) NO.33236 OF 2010 :: 3 :: confines the relief to a direction to the Deputy Director of Education to dispose of Exts.P7 and P8 appeals filed by the petitioner and the Manager respectively. The learned counsel appearing for the sixth respondent submitted that there may be a direction to the Deputy Director of Education to hear the sixth respondent as well at the time of considering Exts.P7 and P8 appeals. Taking into account the submissions made by the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the sixth respondent, the Writ Petition is disposed of as follows: a) The Deputy Director of Education shall consider and dispose of Exts.P7 and P8 appeals filed by the writ petitioner and the Manager respectively, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the sixth respondent, the Manager and any other affected party. W.P.(C) NO.33236 OF 2010 :: 4 :: b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. (K.T.SANKARAN) Judge ahz/