IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20048 of 2010(E) -------------------------- PETITIONER(S): --------------- REENA SUSAN MATHEW, W/O.SABU KURUVILA, HSA (NATURAL SCIENCE) C.M.S.HIGH SCHOOL, MUNDIAPPALLY. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 2. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 3. DIRECTOR, PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA KOTTAYAM - 1. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 20048 of 2010 E ``````````````````````````````````````````````````````` Dated this the 28th day of June, 2010 J U D G M E N T The petitioner was appointed as H.S.A. in C.M.S. High School, Pallam for a period from 03-11-2003 to 06-01-2004. The said appointment was approved by the Department. Later, she was appointed as U.P.S.A. in the C.M.S. High School, Mundakkayam under the same management from 17-01-2005 to 30-11-2005. While the petitioner was working there, a vacancy arose in the category of H.S.A. at C.M.S. High School, Mundiappally, another School under the same management, for a period from 01-06-2009 to 30-11-2009. In terms of Rule 43 of Chapter XIV-A of the Kerala Education Rules, the petitioner was promoted and posted against the said post. The contention of the petitioner is that she is also entitled to get such a posting by virtue of her being a 51 A claimant. Since the incumbent holding the post extended the leave availed by her, the Manager reappointed the petitioner from 01-12-2009 to 12-09-2011. However, the said appointments were rejected by the first respondent on the ground that the Manager did not appoint any protected teacher. WPC.20048/2010 : 2 : Aggrieved by Ext.P4 order of the first respondent, the Manager has approached the second respondent. The second respondent rejected the contention of the fifth respondent Manager and confirmed Ext.P4 order. Against Exts.P4 and P6 orders, the petitioner has now filed a statutory revision before the fourth respondent under Rule 92 of Chapter XIV-A of the Kerala Education Rules. The said revision is now pending. Considering the fact that the revision petition filed by the petitioner is pending before the Government, this writ petition is disposed of with a direction to the fourth respondent to consider and pass orders on Ext.P7 revision petition filed by the petitioner, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge