IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 147 of 2006(P) ------------------------------------ PETITIONER(S): ----------------------- RAMAN MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, REPRESENTED BY ITS APPROVED CORRESPONDENT K.C.BALAN, PERINJANAM, THRISSUR DISTRICT. BY SRI.KRB.KAIMAL, SENIOR ADVOCATE, ADV. SRI.MURALI PURUSHOTHAMAN, SRI.P.M. BENZIR, SRI.DEEPU LAL MOHAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THRISSUR. 4. K.B. DIVYA, KOLLARA HOUSE, PERINJANAM, THRISSUR-680 686. R1 TO R3 BY GOVT. PLEADER MR.K. SANIL KUMAR. R4 BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 147/2006-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 03/08/2005 IN WP(C) NO. 37355/2004 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE NOTICE FOR HEARING NO.58467/A1/2005/GL.EDN. DATED 17/11/2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE ADVERTISEMENT REGARDING VACANCY OF CLERK IN THE VOCATIONAL HIGHER SECONDARY SCHOOL WHICH WAS PUBLISHED IN MATHRUBHUMI DAILY DATED 08/10/2005. EXT.P4: COPY OF THE LETTER NO.E3/15331/2005 DATED 24/12/2005 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 147 OF 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 17th day of September, 2010 JUDGMENT Whether the vacancy arising in a Vocational Higher Secondary School could be claimed under Rule 51 B of Chapter XIV A of the KER, by the dependent of the person who died in harness while working in the High School/Upper Primary Sections of an aided school, is the basic issue involved in this Writ Petition. 2. The case of the petitioner, who is the Manager of the Vocational Higher Secondary school is that, the mother of the 4th respondent, while working as 'HSA' in the aided school, unfortunately took her last breath on 15.02.2000, thus giving rise to a claim under Rule 51 B of Chapter XIV, which however was being resisted by the petitioner/management due to several reasons. Finally, the matter was directed to be considered by the first respondent as per Ext. P1 judgment passed by this Court on 03.08.2005 in W.P. (C) 37355 of 2004 preferred by the 4th respondent. 3. It is stated that the matter was taken up for hearing as revealed from Ext. P2 notice issued by the first respondent in this W.P. (C) No. 147 of 2006 : 2 : regard. While so, there arose a vacancy of 'Clerk' in the Vocational Higher Secondary School, which was sought to be filled up by the petitioner, inviting applications from eligible candidates, as borne by Ext. P3. It was while so, that Ext. P4 order was issued by the second respondent, directing the Assistant Director and also the petitioner to keep the said proceedings in pending; which made the petitioner to approach this Court by filing the present Writ Petition. 4. The learned counsel appearing for the petitioner submits that, the issue involved in this case is squarely covered in favour of the petitioner, as per the verdict passed by a learned Single Judge of this Court in O.P. No, 16561 of 2001, holding that, the vacancy in the Vocational Higher Secondary School cannot be filled up by Rule 51 (B) claimant in respect of the High school/UP school, as the case may be. On further verification with the Registry, it is brought to the notice of this Court that, the Writ Appeal No. 3389 of 2001, preferred against the said verdict was dismissed, upholding the verdict passed by the learned Single Judge, which hence has become final. 5. This Court has also gone through the decision rendered by another Division Bench of this Court as reported in Pathanapuram Taluk Samajam Corporate Management Schools Vs. Sreelatha (2006 (3) KLT 867) clearly holding that the vacancies arising in the W.P. (C) No. 147 of 2006 : 3 : Higher Secondary School cannot be claimed by the candidates seeking employment under Rule 51 B of Chapter XIV A /dependents of those, who died in harness while working in High School section or UP section of the aided school. This being the position, the question of law stands settled and Ext. P4 is not liable to be acted upon any further. 6. However, the learned counsel appearing for the 4th respondent brought it to the notice of this Court that the petitioner has filed another Writ Petition (W.P.(C) 18006 of 2006) during the pendency of the present Writ Peititon in respect of the very same cause of action, which has culminated in judgment dated 19.01.2007. Ext. P4 produced is also the very same exhibit as produced in the subsequent Writ Petition as well. It is also discernible from the opening paragraph of the said verdict that the petitioner had mentioned about the filing of the present Writ Petition as well, challenging Ext. P4. But the cause of action in the said Writ Petition stood more confined to Ext. P5 order therein (dated 13.02.2006) which was passed by the first respondent pursuant to Ext. P3 judgment in W.P. (C) 37355 of 2004 (Ext. P1 in the present Writ Petition). Referring to the dictum laid down in Pathanapuram Taluk Samajam Corporate Management Schools Vs. Sreelatha (2006 (3) KLT 867) it was held by a learned Single Judge of this Court in the aforesaid Writ Petition (Writ Petition 18006 of 2006) that the W.P. (C) No. 147 of 2006 : 4 : claim of the 4th respondent under Rule 51 (B) could not have been raised in Vocational Higher Secondary School and accordingly, the impugned order passed by the first respondent pursuant to the judgment in W.P.(C) 37355 of 2004 was set aside. 7. In the above circumstances, no further orders are called for in the present Writ Petition. It is made clear that, it is without prejudice to the rights and liberties of the claimant to secure appointment based under Rule 51 (B) claim in the High School Section as and when vacancy arises, as made clear in the judgment dated 19.01.2007 in WP (C) 19006 of 2006. The Writ Petition is closed. P. R. RAMACHANDRA MENON, JUDGE kmd