IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 19213 of 2008(K) --------------------------------------- PETITIONER: ------------------- LALY P.I., W/O SAMUEL, AGED 38 YEARS, RESIDING AT MUNDAPILLIL HOUSE, GIRIJAN SETTLEMENT,PINAVOOR, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM. BY ADV. SRI.JOHN JOSEPH(ROY), ADV. SRI.LAWRENCE D'CUNHA. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF D.D., CIVIL STATION, KAKKANADU. 3. THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, CIVIL STATION, KAKKANADU, ERNAKULAM. GOVERNMENT PLEADER SRI. MOHAMOOD T.T. FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19213/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE EMPLOYMENT REGISTRATION CARD OF THE PETITIONER. EXT.P.2: COPY OF THE CALL LETTER DTD. 04/06/2008 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.3: COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER FROM THE KOTHAMANGALAM TALUK OFFICE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 19213 OF 2008 K = = = = = = = = = = = = = = = Dated this the 23rd day of October 2008 J U D G M E N T Petitioner has registered her name under the Employment Exchange, Idukki on 15.12.1987. She got herself registered before the Kothamangalam Employment Exchange on 9.4.2002. In this writ petition, her complaint is that in the matter of appointment to the post of Part-time Menial, her seniority has been overlooked and that another person by name P.M. Mariyamma, who is junior to her in registration has been appointed. 2. In the counter affidavit it is stated that the petitioner was a candidate sponsored by District Employment Officer, Ernakulam and her claim was also considered against the vacancy for a post earmarked for Scheduled Tribe non-priority quota. A reading of the counter affidavit shows that while the petitioner is 37 years old the appointee was 41 years old. While the husband of the petitioner is a farmer, the appointee's husband is a coolie and that while the W.P.(C) No. 19213 OF 2008 -2- petitioner had got registration at Kothamangalam Employment Exchange on 9.4.2002, the appointee had got registration from 1992. Thus admittedly the appointee is senior to the petitioner. Her financial background is far more poorer than the petitioner. In age also she is elder to the petitioner. It was considering all these that Smt. Mariyamma was selected and appointed by order dated 26.6.2008 in the Govt. L.P. School, Attinikkara. The above criteria followed by the respondents in selecting Smt. Mariyamma, and explained in paragraph 4 of the counter affidavit cannot be said to be irrational for any reason. Further the petitioner has not been able to show any rule entitling her to claim appointment based on the year of her registration at the Employment Exchange, Idukki. Therefore, I am not inclined to interfere in this matter not only for these reasons, but also for the reason that Smt. Mariyamma is not a party to the writ petition. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-