IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 16787 of 2010(W) ---------------------------------------- PETITIONER(S): ----------------------- LAKSHMI.M.,UPPER PRIMARY SCHOOL ASSISTANT, KRKPM HIGH SCHOOL FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD, KADAMPANAD SOUTH P.O. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN 695010. 3. DEPUTY DIRECTOR (EDUCATION), KOLLAM, PIN 691009. 4. DISTRICT EDUCATION OFFICER, KOTTARAKKARA, 691506. 5. THE MANAGER, HS MANNADY AND KRKPM HS FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD, KADAMPANAD SOUTH P.O., PIN 691553. 6. C.KALA, HIGH SCHOOL ASSISTANT(MALAYALAM) KRKPM HS FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD,KADAMPANAD SOUTH PO,691553. R1 TO R4 BY GOVT. PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16787/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 5.6.2002. P2:- COPY OF THE ORDER NO.B1-4674/2002 DTD. 19.3.03. P3:- COPY OF THE T.O. I(RT) NO.1049/2009/GEDN. DTD. 11.3.09. P4:- COPY OF THE RELINQUISHMENT LETTER DTD. 6.3.09 OF SMT. KALA C. P5:- COPY OF THE LETTER NO.G./37/2008-09 DT.D 6.3.09. P6:- COPY OF THE JUDGMENT IN WPC. 36355/09 DTD. 16.3.2010 OF THIS HONOURABLE COURT. P7:- COPY OF THE ORDER NO.B2/1983/10/D.DIS. DTD. 28.4.2010 OF THE DEO. KOTTARAKKARA. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.16787 of 2010-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of June, 2010. Judgment Notice to the unserved respondents dispensed with. The petitioner was appointed as a UPSA in the K.R.K.P.M.High School for Boys and Vocational Higher Secondary School, Kadampanad. The DEO and the Government refused to approve the appointment on the ground that there was a 51A claimant entitled to preferential appointment. The plea of the petitioner is that the said 51A claimant, namely, C.Kala has relinquished her claim, as evidenced by Exts.P4 and P5 and this Court had also acted on such material in an earlier judgment Ext.P6 rendered at the instance of R.Rekha who was appointed along with the petitioner, though ranked above her. Under such circumstances, the DEO is directed to reconsider WPC16787/10 -: 2 :- the question of approval of the petitioner in the light of Exts.P4, P5 and P6 and issue orders in accordance with law within a period of three weeks from the date of receipt of a copy of this judgment. To facilitate such proceedings, the impugned orders Exts.P2 and P3 are quashed. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1406 The first sentence “The petitioner was appointed as UPSA in the K.R.K.P.M High School for Boys and Vocational Higher Secondary School, Kadampanad” in the second paragraph of the judgment dated 14/06/2010 in WP(C) 16787/2010 is corrected and substituted as “The petitioner was appointed as High School Assistant (Malayalam) in H.S Mannady by the 5th respondent Manager.” vide order dated 15/07/2010 in I.A.No.9512/2010 in WP(C) 16787/2010. Sd/-Registrar(Judicial)