IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15540 of 2011(N) -------------------------------------------- PETITIONER(S): ------------------------- SMITHA KOOVAKKA, WIFE OF PRAKASH BABU, AGED 41 YEARS, FORMERLY UPPER PRIMARY SCHOOL ASSISTANT, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, (VIA) KADIRUR, KANNUR DISTRICT, (RESIDING AT BHAVANA, P.O.ERUVATTY, KANNUR DISTRICT.). BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, TELLICHERRY NORTH, P.O.TELLICHERRY-670 001, KANNUR DISTRICT. 4. SMT.P.NEETHI, UPPER PRIMARY SCHOOL ASSISTANT, KOZHUR U.P.SCHOOL, P.O.ERUVATTY, KANNUR DISTRICT-670 647. 5. THE MANAGER, KOZHUR U.P.SCHOOL, P.O.ERUVATTY-670 647, TELLICHERRY SUB DISTRICT, KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15540/2011 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DTD. 2/06/2004. P2: COPY OF THE STAFF STATEMENT OF THE SCHOOL DTD. 01/06/2010. P3: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGER DTD. 29/05/2011. P4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ASSISTANT EDUCATIONAL OFFICER DTD. 29/05/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15540 Of 2011 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2011 J U D G M E N T The petitioner is seeking for a direction to the Assistant Educational Officer (3rd respondent herein) to consider Exhibit P4 application to give a posting to the petitioner in the school managed by the 5th respondent. She is stated to be the seniormost Rule 51A claimant. 2. The petitioner was appointed as an Upper Primary School Assistant as per Exhibit P1 order with effect from 2.6.2004. Due to division fall, she was retrenched from service for the year 2009-10. It is pointed out that in the year 2010-11 two regular teachers(Lower Primary School Assistants) have retired from service and during the year 2011-12 nine posts, namely four LPSAs and five UPSAs were retained and only eight teachers are now working in the school. Exhibit P2 is the copy of the list showing the names of teachers. 3. According to the petitioner, one post of UPSA is kept vacant and the petitioner is the seniormost Rule 51A claimant W.P.(C)No.15540/11 -2- under Chapter XIV-A of KER. But the Manager appointed a junior, namely, the 4th respondent herein ignoring the claims of the petitioner. Even though complaints were filed, the same has not resulted in any favourable orders to the petitioner. It is in the said circumstances that the Writ Petition has been filed. 4. Evidently, Exhibit P4 has been submitted by the petitioner staking the claim of benefit under Rule 51A of Chapter XIV-A of KER. It is upto the 3rd respondent to take a decision in the matter and appropriate decision will be taken after hearing the petitioner and respondents 4 and 5 within six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge W.P.(C)No.15540/11 -3-