IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21922 of 2011(M) --------------------------------- PETITIONER: -------------- NEETHI.P, LOWER PRIMARY SCHOOL ASSISTANT, KOZHUR UPPER PRIMARY SCHOOL, P.O. ERUVALLY, KANNUR DISTRICT. BY ADVS. SRI.M.P.ASHOK KUMAR SRI.S.N.SREEKANTH RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, KANNUR DISTRICT-679 532. 3. THE MANAGER, KOZHUR UPPER PRIMARY SCHOOL, ERUVALLY - 670 647. 4. SMITHA KOOVAKKA, 'BHAVANA', P.O. ERUVALLY, KANNUR - 670 647. 5. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT-679 532. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21922/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER APPROVED BY R2. EXT. P2 : COPY OF LETTER DTD. 7.6.11 ISSUED BY HEADMISTRESS, KOZHUR U.P. SCHOOL. EXT. P3 : COPY OF ORDER DTD. 23.6.11 ISSUED BY MANAGER, KOZHUR U.P. SCHOOL. EXT. P4 : COPY OF CLARIFICATION ORDER No.26327/J3/2000/G.EDN. DTD. 26.6.00. EXT. P5 : COPY OF REPRESENTATION DTD. 31.5.11. EXT. P6 : COPY OF JUDGMENT IN WP(C) 15383/11 DTD. 16.6.11 OF HON'BLE HIGH COURT OF KERALA. EXT. P7 : COPY OF ORDER DTD. 2.8.11 ISSUED BY R2. EXT. P8 : COPY OF APPEAL SUBMITTED BEFORE R5 DTD. 9.8.11. EXT. P9 : COPY OF POSTAL RECEIPT DTD. 10.8.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21922 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T This writ petition is filed by the petitioner aggrieved by the order passed by the Assistant Educational Officer which is produced as Ext.P7. Ext.P8 is a copy of the appeal filed by the petitioner before the District Educational Officer. The petitioner seeks for a direction to the District Educational Officer to pass appropriate orders within a time frame as it is apprehended that the Assistant Educational Officer will be approving the appointment hastily. 2. The petitioner was initially appointed as Upper Primary School Assistant in the school on 08.06.2005 and Ext.P1 order shows that the said appointment was approved. The petitioner was retrenched from service with effect from 15.07.2007 after the staff fixation order in 2007-08 was issued. It is pointed out that subsequently two Lower Primary School Assistants retired from service on 31.03.2011. Later the Manager reappointed the W.P.(C) No.21922/2011 2 petitioner as L.P.S.A on daily wages. It is stated that even now she is continuing. Another retirement vacancy arose on 31.03.2011 in the post of L.P.S.A and thereby a permanent vacancy arose on 01.06.2011. The petitioner claims that she is the rightful claimant under Rule 51A of Chapter XIV-A KER. 3. The rival claimant is the 4th respondent who is a B.Ed holder and the petitioner contends that she can claim appointment only as U.P School Assistant and not in the retirement vacancy in the lower primary section. Earlier the petitioner approached this Court by filing W.P.(C) No.15383/2011 which was disposed of by directing the 2nd respondent to consider the claim of the petitioner, as per Ext.P6 judgment. Ext.P7 is a consequential order passed by the 2nd respondent whereby a direction is issued to the 3rd respondent Manager to appoint the 4th respondent. In the light of the fact that the petitioner has already availed the statutory remedy of filing an appeal, there will be a direction to the District Educational Officer to consider and pass orders on Ext.P8 appeal, after hearing the petitioner and W.P.(C) No.21922/2011 3 respondents 3 and 4, within a period of six weeks from the date of receipt of a copy of this judgment. If any appointment is made in the meanwhile of the 4th respondent and if any approval is granted thereafter, the same will be subject to the outcome of the appeal. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the 5th respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp