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. 21381 of 2010(W) -------------------------- PETITIONER: --------------- REHANA A.B., W/O.V.J.HAREES MUSALIYAR VETTIPLACKAL HOUSE, VAIPUR P.O., THIRUVALLA (UPPER PRIMARY SCHOOL ASSISTANT MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY-686 507. 3. THE MANAGER, MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA-686 541. 4. SABEENA.M.T., H.S.A.MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA-686 541. BY GOVT. PLEADER SRI. DILIP MOHAN FOR R1 & 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. 21381 OF 2010 -------------------------- Dated this the 9th day of July, 2010 J U D G M E N T The petitioner and the fourth respondent are teachers in the third respondent's school. Smt. Laila Beegum, HSA (Social Studies) who was accommodated against one of the sanctioned posts of HSA (English), had retired from service on 31.3.2010. According to the petitioner, she is senior to the fourth respondent and is qualified to be appointed as HSA (English). Disregarding such claims, the third respondent promoted the fourth respondent as against the aforesaid vacancy occurred in the school on 1.4.2010. Feeling aggrieved by the order appointing the fourth respondent as HSA against the aforesaid vacancy, the petitioner has approached the second respondent by filing Ext.P6 dated 3.6.2010. Admittedly, the fourth respondent was given promotion only as per order dated 1.6.2010. It is feeling aggrieved by the aforesaid order of promotion given to the fourth respondent with effect from 1.6.2010 and apprehending approval of her appointment pending consideration of Ext.P6 that this writ petition has been filed. Ext.P6 is maintainable under Rule 8 and Rule 64 of Chapter XIV A WPC No.21381/2010 2 of the Kerala Education Rules. The second respondent is competent to look into the grievances raised therein. Therefore, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P6 expeditiously, at any rate, before approving the appointment of the fourth respondent with notice to the petitioner and respondents 3 and 4, in case it has not already been approved. Needless to say that in case it was already approved it will be open to the petitioner to assail the same in appropriate proceedings, in accordance with law. C.T.RAVIKUMAR (JUDGE) vps WPC No.21381/2010 3 WPC No.21381/2010 4