IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WA.No. 2419 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.26810/2007 Dated 08/01/2008 .................... APPELLANT(S)/THIRD PARTY: -------------------- B. RAJANI, AGED 36 YEARS, W/O.SASIKUMAR, (UPSA, INDIRA GANDHI MEMORIAL HIGH SCHOOL, MANJAKKALA P.O., KOLLAM DISTRICT), RESIDING AT EZHARATHU, THURUTHIKKARA, KUNNATHUR, KOLLAM DISTRICT. BY ADV. SMT.S.K.DEVI RESPONDENT(S)/PETITIONER & RESPONDENTS: ----------------------- 1. JALAJAKUMARI V.V., UPPER PRIMARY SCHOOL ASSISTANT, INDIRA GANDHI MEMORIAL HIGH SCHOOL, MANJAKKALA P.O., KOLLAM DISTRICT. 2. THE MANAGER, INDIRA GANDHI MEMORIAL HIGH SCHOOL, MANJAKKALA P.O., KOLLAM DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. T.N. SANDHYA, UPSA (NOW POSTED AS HSA (MALAYALAM), INDIRA GANDHI MEMORIAL HIGH SCHOOL, MANJAKKALA P.O., KOLLAM DISTRICT. R1 BY ADV. SRI.M.V.THAMBAN R3 TO R5 BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26.11.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. No. 2419 of 2008 ------------------------------ Dated this, the 26th day of November, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was not a party to the judgment under appeal. Therefore, after obtaining leave of this Court, she has preferred this appeal. 2. The appellant claims that she was working as Upper Primary School Assistant (for short, 'UPSA') in the second respondent's school from 15.7.1999. She was retrenched from that post on 15.7.2005 to accommodate the first respondent, who was reverted from the post of H.S.A. (Malayalam). Later, a vacancy in the post of H.S.A. (Malayalam) arose in the school on 1.6.2007. The respondents 1 and 6 were the rival claimants for the post. The Manager preferred the sixth respondent. The first respondent took up cudgels. The said dispute between them was finally disposed of by the judgment under appeal. The W.A. No.2419 of 2008 - 2 - learned Single Judge upheld the claim of the first respondent/writ petitioner. The Manager was directed to appoint the first respondent as H.S.A.(Malayalam) with effect from 1.7.2007. It was also ordered that the sixth respondent shall be accommodated in the vacancy arising in the cadre of UPSA as a result of the promotion of the first respondent. The appellant herein has no dispute regarding the benefit granted to the first respondent by the learned Single Judge. But, she submits that she is a 51-A claimant for the post of UPSA and thus she has a superior claim. So, without accommodating her, the sixth respondent cannot appointed. Therefore, the direction of the learned Single Judge to accommodate the sixth respondent as UPSA is attacked in this appeal. 3. Heard. We find that the case of the appellant is genuine. Whether the sixth respondent was entitled to the post of UPSA in the vacancy arising out of the promotion of first respondent was not the subject matter of the Writ W.A. No.2419 of 2008 - 3 - Petition. Therefore, the direction issued by the learned Single Judge without ascertaining whether there were other claimants for that post cannot be sustained. At any rate, the sixth respondent can be accommodated only after accommodating the appellant. It is so declared. The judgment under appeal is modified to the said extent. The Writ Appeal is allowed as above. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)