IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28784 of 2009(P) ------------------------------------ PETITIONER(S): ------------------------ MAREENA V.P, UPSA, ST. GEORGE'S HIGH SCHOOL, PUTHANPALLY. BY ADVS.MR.M.S.UNNIKRISHNAN SMT.S.KARTHIKA MR.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION, DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 4. THE CORPORATE MANAGER, ST. GEORGE'S HIGH SCHOOL,PUTHENPALLY. 5. C.P. PAUL, HSA (SS0 HIGH SCHOOL, PUTHENPALLY. 6. JOYMON K.G., LFLP SCHOOL, OLANAD VARAPPUZHA. R1 TO R3 SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28784 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. JUDGMENT The petitioner herein has got approved service under the 4th respondent's school as HSA (Social Science) from 17.9.1998 to 23.11.1998 and for different spells thereafter. It is therefore submitted that the petitioner is a claimant under Rule 51-A of Chapter XIV-A K.E.R. 2. A regular vacancy of H.S.A. (Social Science) arose in the school with effect from 31.3.2009 consequent on the retirement of one Smt. P.J. Mary. The said vacancy was filled up by appointing a Rule 43 claimant, viz. the 4th respondent herein. The consequential vacancy of UPSA was filled up by appointing the petitioner. This is evidenced by Ext.P1. Against the same, the petitioner filed Ext.P2 representation before the third respondent. In the meanwhile, the petitioner's appointment as UPSA is also under challenge by the 6th respondent claiming that he is a senior claimant to the post. Ultimately, the third respondent rejected the claim of the petitioner as per Ext.P4, against which the petitioner has filed Ext.P5 appeal. The third respondent passed another order as per Ext.P6 by which it was held wpc 28784/2009 2 that the 6th respondent is the rightful claimant for the post of UPSA, against which the petitioner is presently working. Against Ext.P6, the petitioner has filed Ext.P7 appeal. It is prayed that the second respondent may be directed to dispose of Exts.P5 and P7 appeals within a time frame. 3. It is seen that Exts.P5 and P7 are filed only on 5.10.2009 and 8.10.2009 respectively. Learned counsel for the petitioner submitted that unless urgent orders are passed in the matter, the petitioner will be put to hardship. 4. Learned Govt. Pleader submitted that if Exts.P5 and P7 have been received already, expeditious steps will be taken to dispose of the same within a reasonable time. The said submission is recorded. Therefore, the second respondent will take a final decision on Exts.P5 and P7 after hearing the petitioner and respondents 4 to 6, within a period of two months from the date of receipt of a copy of this judgment. Learned counsel for the petitioner further submitted that pending final decision on Exts.P5 and P7, the proceedings to grant approval to the appointment of the 4th respondent may be kept in abeyance. This is also a matter which the petitioner can raise wpc 28784/2009 3 before the second respondent and if any request is made for passing an interim order, the same also will be considered in accordance with law. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/