IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 11240 of 2007(K) -------------------------- PETITIONER(S): ------------------------- G.S.SREEKALA, U.P.SCHOOL ASSISTANT, CONCODIA U.P.SCHOOL, PEROORKADA, RESIDING AT SANTHIBHAVAN, CHENKAL P.O., TRIVANDRUM- 695132. BY ADVS. MR.V.G.ARUN, MRT.R.HARIKUMAR. RESPONDENT(S): ---------------------------- 1. LUTHERAN SCHOOLS OF INDIA EVANGELICAL LUTHERAN CHURCH OF TRIVANDRUM, SYNOD LUTHERAN MISSION COMPOUND, NILAMEL P.O., TRIVANDRUM, REPRESENTED BY ITS MANAGER, REV.R.VIJAYAKUMAR. 2. THE HEADMISTRESS, CONCODIA U.P.SCHOOL, PEROORKADA, TRIVANDRUM. 3. THE ASSISTANT EDUCATIONAL OFFICER, TRIVANDRUM NORTH. 4. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. R1 BY ADV.MR.V.V.NANDAGOPAL NAMBIAR R2 BY ADV.MR.K.P.RAJEEVAN R3 & R4 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11240/2007 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN O.P.17340 OF 1999 DTD. 19/03/2004. P2: COPY OF THE G.O.(RT) NO.3071/04/G.EDN. DTD. 20/07/2004. P3: COPY OF THE ORDER NO.C.4486/99 DTD. 12/08/2004. P4: COPY OF THE APPOINTMENT ORDER NO.-05/07 DTD. 8/02/2007. P5: COPY OF THE LETTER NO.6/07 DTD.NIL. P6: COPY OF THE REPRESENTATION DTD. 21/02/2007. P7: COPY OF THE REPRESENTATIONFILED BY THE PETITIONER TO THE AEO DTD. 21/02/2007. P8: COPY OF THE REPRESENTATION BEFORE THE DEPUTY DIRECTOR DTD.21/02/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 11240 of 2007 K =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of June, 2009 JUDGMENT The petitioner, a rule 51A claimant, has filed this writ petition seeking approval of her appointment as Upper Primary School Assistant by Ext.P4 order dated 8-2-2007. 2. Prior to her appointment as Upper Primary School Assistant by Ext.P4 order, the petitioner had approved service from 27-1-1994 to 29- 3-1994. The petitioner's appointment as per Ext.P4 order was not approved for the reason that there was no post against which she could be accommodated. It is now conceded that the petitioner was reappointed as Upper Primary School Assistant by order dated 2-6-2008 in Luthern High School, South Aryad in Alappuzha district in the vacancy that arose on the promotion of Smt. S. Jayalekshmi, Upper Primary School Assistant (Natural Science) and that the Government have by G.O.(Rt.) No. 504/2009/G.Edn. dated 31-1-2009 directed the Director of Public Instructions to approve her appointment with effect from 2-6-2008. I have by judgment delivered today in W.P.(C) No. 26556 of 2008 directed the District Educational Officer, Alappuzha to approve the petitioner's appointment as Upper Primary School Assistant in Lutheran High School, W.P.(C) No. 11240/07 2 South Aryad in Alappuzha district from 2-6-2008 onwards. In that view of the matter, the petitioner cannot seek approval of her appointment with effect from 8-2-2007 . This writ petition is accordingly dismissed with the observation that the rights of the petitioner will be governed by the directions issued by this Court in W.P.(C) No. No.26556 of 2008. P.N.RAVINDRAN, JUDGE. mn.