IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 2325 of 2010(M) ------------------------- PETITIONER(S): --------------- JAMINI C.V., W/O.K.C.MARKOSE, AGED 52 YEARS, JUNIOR SUPERINTENDENT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.S.MUJEEB RAHIMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. ADDL.R4. V.K. SUKUMARAN, SENIOR SUPERINTENDENT, OFFICE OF THE AS SISTANT EDUCTIONAL OFFICER, TANUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. ANTONY MUKKATH 1-3 ADV. SMT.K.RAJANI FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.2325 OF 2010 -------------------------------------------- Dated this the 29th day of March, 2010 JUDGMENT The petitioner is working as Junior Superintendent in the office of the Deputy Director of Education, Thrissur. The prayer in this Writ Petition is for the issuance of a writ of mandamus commanding the first respondent to appoint the petitioner at the office of the third respondent, on getting promoted to the post of Senior Superintendent, on 1.4.2010. 2. Admittedly, the petitioner is working as Junior Superintendent and the vacancy against which she seeks a posting would arise only on 1.4.2010 in the office of the second respondent that too, in the cadre of Senior Superintendent. Therefore, occurrence of the vacancy in the post of Senior Superintendent cannot and will not confer any right or claim of the petitioner for a posting as against the said vacancy. The petitioner can aspire such a posting only in case she is promoted to the post of Senior Superintendent. In view of the above facts obtained in this case, I am of the considered view that the petitioner is not entitled to the relief sought for in this Writ Petition so long as she continues in the post of Junior Superintendent. W.P.(C) NO.2325/2010 2 There is no merit in the contentions of the petitioner and accordingly, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.2325/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.2325/2010 JUDGMENT 29th March, 2010