IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 28370 of 2011(U) -------------------------- PETITIONER: ------------- SREEKANTH S.B., KARTHIKA, MIDAYIKUNNAM, THALAYOLAPPARAMBU. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.G.BIJU FOR R1 SR. GOVT.PLEADER SHRI M.A.FAYAZ FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.28370/11 PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 14/8/2003. EXT.P2 TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 23/10/2006. EXT.P3 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 28/5/2009 OF THE IST RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 28/8/2009. EXT.P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 9/9/2009 ALONG WITH THE ENDORSEMENT OF APPROVAL OF DEO. EXT.P6 TRUE COPY OF THE ORDER DATED 28/5/2010 OF THE IST RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER DATED 31/1/2011 OF THE IST RESPONDENT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 29/9/11 SUBMITTED OT THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.28370 of 2011 -------------------------------------------------- DATED THIS THE 3RD DAY OF NOVEMBER, 2011 J U D G M E N T All that the petitioner seeks is for a direction to the 1st respondent-Board to consider the request to grant appointment to him in a substantive vacancy in any of the aided schools under the 1st respondent. 2. It is pointed out that the petitioner has worked as a Full Time Menial during different spells under the schools of the 1st respondent. Those orders have been produced as Exhibits P1 to P7. According to the petitioner, since the petitioner was appointed in retirement and promotion vacancies, he will be a claimant under Rule 51A of Chapter XIV-A of KER. The case projected in the Writ Petition is that at present there are vacancies for accommodating the petitioner. It is in these circumstances that the petitioner has filed Exhibit P8 representation. 3. Heard the learned Standing Counsel for the Board. 4. Whether the petitioner could be appointed in a W.P.(C)No.28370/11 -2- vacancy or not is a matter for the appointing authority to consider and this Court, at this stage, cannot issue a direction to that effect. Appropriate reply will be given to the petitioner on Exhibit P8 representation within six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn