IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 20975 of 2010(V) -------------------------- PETITIONER: --------------- E.SARALA, AGED 52 YEARS, DAUGHTER OF LATE MR.E.RARICHAKUTTY, ERANHANDOOR HOUSE, IYYAD P.O., VIA UNNIKULAM, KOZHIKODE DISTRICT 673587. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: --------------- 1. THE MANAGER, DESASEVA AUP SCHOOL, KURUMMPOYIL, KARANTHUR MARKAS (UP SECTION) KARANTHUR P.O., KOZHIKODE, PIN-673 571. 2. ASSISTANT EDUCATIONAL OFFICER, BALUSSERRY, KOZHIKODE, PIN CODE-673 612. 3. T.P.SAJNA, TEACHER, DESASEVA AUP SCHOOL, KURUMMPOYIL, KANNADIPOYIL P.O., VIA.BALUSSERRY, KOZHIKODE, PIN CODE-673 612. BY GOVT. PLEADER SRI. DILIP MOHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------- W.P.(C) No. 20975 OF 2010 -------------------------- Dated this the 9th day of July, 2010 J U D G M E N T The petitioner was appointed as a Full-time Urdu Teacher in the Desaseva AUP School, Kurummpoyil in Kozhikode district. The said appointment was effected against a leave vacancy for the period from 16.6.1992 to 15.6.1997 and the same was approved by the second respondent as per Ext.P2. By virtue of the said appointment and its approval, the petitioner became a claimant under Rule 51A of Chapter XIV of the Kerala Education Rules, it is submitted. Subsequently, on 31.3.2010, the incumbent working as a Full-time Urdu Teacher retired from service. Against the resultant vacancy, according to the petitioner, she should have been appointed. However, the first respondent ignoring her claim under Rule 51A of Chapter XIV of the Kerala Education Rules appointed the third respondent. Raising grievances against the appointment of the third respondent made by the first respondent, the petitioner approached the second respondent through Ext.P3. However despite the receipt of Ext.P3 dated 1.6.2010, no action was so far been taken by the second respondent. It is in the said WPC No.20975/2010 2 circumstances, this writ petition has been filed. 2. When a petition raising grievances with respect to the failure to honour the claim under 51A of Chapter XIV of the Kerala Education Rules filed before a competent authority, that competent authority has a legal duty to consider the same. In this case, Ext.P3 has been filed before the second respondent and the second respondent is competent to look into the said grievances raised by the petitioner. Therefore, the writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P3 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and respondents 1 and 3. C.T.RAVIKUMAR (JUDGE) vps WPC No.20975/2010 3 WPC No.20975/2010 4