IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 W.P(C).No. 25109 of 2008(L) ---------------------------------- PETITIONER: -------------- SASIKALA K.R., W/O E.A. RADHAKRISHNAN, AGED 45YEARS, U.P.S.A., A.N.M.U.P. SCHOOL, G NAGAR MALIAMPADY, SLTHAN BATHERI, RESIDING AT ERANELLUR HOUSE, PANAMARAM P.O., WAYANAD DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER, WAYANAD DISTRICT. 4. THE ASST. EDUCATION OFFICER, WAYANAD DISTRICT. 5. THE MANAGER, A.N.M.U.P SCHOOL, G NAGER, MALIAMPADY, SULTHAN BATHERI, WAYANAD DISTRICT. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 25109 OF 2008 - L = = = = = = = = = = = = = = = Dated this the 29th day of September 2008 J U D G M E N T The prayer in this writ petition is to declare that the petitioner is entitled to continue in service of the 5th respondent as UPSA, being a 51A claimant under Chapter XIV A, K.E.R. Petitioner also seeks a direction to the 4th respondent to consider Ext. P5 and grant the approval sought for. 2. Admittedly, the petitioner is a 51 A claimant and was appointed, but however, subsequent to the filing of Ext. P5 for approval, according to the Manager, he had to accommodate a protected teacher who has an appointment, joined service on 22.9.2008. Therefore, the service of the petitioner had to be dispensed with. It is in this background, the petitioner now submits that she should be re-engaged, replacing the protected hand and that her appointment should be approved. 3. In my view, the relief sought for by the petitioner cannot be W.P.(C) No. 25109 OF 2008 -2- granted for the reason that the claim under Rule 51A is subject to the obligation of the manager to appoint protected teacher in terms of the preference that is provided in the rule itself. It is precisely that, that has been done by the Manager. If that be so, the petitioner's claim cannot be accepted. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-