IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 16216 of 2007(E) ------------------------------------ PETITIONER(S): ------------------------ SREEDEVI.S., W/O.S.RAJEEV, LAB ASSISTANT, AIDED HIGHER SECONDARY SCHOOL, THIRUVAMPADY, ALAPPUZHA-9. BY ADVS. MR.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 2. THE MANAGER, AIDED HIGHER SECONDARY SCHOOL, THIRUVAMBADY, ALAPPUZHA-9. 3. HARIKRISHNAN. G, KOTHAKAZHATH HOUSE, KAITHAVANA , ALAPPUZHA 3. BY GOVT. PLEADER MR.MUHAMOOD T.T BY ADVS. MR.V.A.MUHAMMED FOR R2 MR.K.E.HAMZA FOR R2 MR.M.SAJJAD FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, ALONG WITH WPC NO. 23473 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16216/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.ACD.3/18597/HSC DT. 31.3.05 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3:- COPY OF THE POSTAL COVER RETURNED WITH ENDORSEMENT OF THE POSTAL AUTHORITIES. P4:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 9.5.07. P5:- COPY OF THE APPOINTMENT ORDER DT. 4.6.07 ISSUED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE DECISION REPORTED IN 2000(2) K.L.T. 109 (F.B.) DT. 21.3.2000. R2(b) :- COPY OF THE DECISION REPORTED IN 2006 (3) K.L.T. 867 DT. 10.7.2006. R2(c):- COPY OF THE APPOINTMENT ORDER DT. 4.6.07. R2(c):- COPY OF THE LETTER OF THE MANAGER DT. 4.6.07. R3(a):- COPY OF THE ORDER NO.B4-6285/08 OF THE DISTRICT EDUCATIONAL OFFICER DT. 4.10.2008. R3(b):- COPY OF THE ORDER OF APPOINTMENT OF SMT.SAVITHA R.NAIR AND THE APPROVAL THEREOF BY THE DIST. EDL. OFFICER DT. 25.4.09. R3(c):- COPY OF THE LETTER NO.B4-3050/07 OF THE DIST. EDL. OFFICER DT. 4.5.09. R3(d):- COPY OF THE LETTER OF THE MANAGER DT. 6.5.09. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.16216/2007-E & 23473/2007-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner in W.P.(C).No.16216/2007 is aggrieved by the denial of appointment as Clerk by the Manager, namely the second respondent. The petitioner is working as a Lab Assistant with effect from 02/07/2001 and she has got approved service as Lab Assistant. 2. W.P.(C).No.23473/2007 is filed by the third respondent in W.P. (C).No.16216/2007 seeking approval of the appointment as Clerk. 3. The facts narrated and the exhibits referred to are as contained in W.P.(C).No.16216/2007. 4. A vacancy in the post of Lower Division Clerk arose in the High School under the management of the second respondent in June 2007 following the promotion of Smt.Sabitha S.Nair, a teacher. The third respondent was appointed by the Manager as per Ext.P5. This is under challenge in this writ petition. 5. Heard the learned counsel for the petitioner, the learned counsel appearing for respondent Nos.2 and 3 and the learned Government Pleader. W.P.(C). Nos.16216/2007 & 23473/2007 -:2:- 6. The learned counsel appearing for the third respondent submitted that the petitioner has no claim for appointment as clerk as she is working as Lab Assistant in the Higher Secondary Section of the School. It is pointed out that none of the provisions of the Rule confers any right on the petitioner to claim promotion as a clerk in the High School. It is further pointed out that even though approval was sought for appointment of the third respondent, the District Educational Officer as per Ext.R3(a), informed the Manager that the appointment of the third respondent will be considered only after approval of appointment of Savitha R.Nair as U.P.S.A. The appointment of Savitha R.Nair was approved from 05/06/2008 hence, the request of the third respondent ought to have been granted. It is further pointed out that the District Educational Officer vide Ext.R3(c) has informed the Manager that this Court has directed the Manager not to fill up the vacancy of L.D.Clerk other than by appointing the petitioner pending disposal of the writ petition. It is pointed out that such a direction was never issued by this Court and the only direction was to the effect that the appointment, if any, that may be made by respondent No.2 will be subject to the result of the writ petition. 7. The petitioner has already approached the District Educational Officer by filing Ext.P4. Therefore, the question whether the petitioner has W.P.(C). Nos.16216/2007 & 23473/2007 -:3:- got any right for appointment as clerk can be decided by the District Educational Officer while considering the grant of approval of appointment in favour of the third respondent. Vide Ext.R3(d), the Manager has filed a representation also before the District Educational Officer to grant approval of appointment to the third respondent. 8. Both the writ petitions are disposed of directing the first respondent, District Educational Officer to pass appropriate orders after hearing the petitioner, the Manager and the third respondent/petitioner in W.P.(C).No.23473/2007. Appropriate orders shall be passed within a period of six weeks from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms