IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15874 of 2009(D)
1. P.R.RAJITHA, LAB ASSISTANT,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE REGIONAL DEPUTY DIRECTOR OF
4. THE MANAGER, PERAMBRA H.S.S.,
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :09/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.15874/2009-D
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Dated this the 9th day of June, 2009
J U D G M E N T
The petitioner is working as a Lab Assistant in the Perambra Higher
Secondary School, Perambra, Kozhikode. One Sri.K.K.Ajithkumar, Lab
Assistant, entered on leave from 16/072005 to 15/07/2010. She was
appointed as a leave substitute in that vacancy with effect from 17/08/2005.
The competent authority declined the grant of approval of appointment of
the petitioner stating that “there are four Lab Assistants working against the
two posts sanctioned. The vacancy arose due to the relief/leave of
supernumerary hands cannot be filled in”. An appeal filed by the Manager
against the said order has also been rejected by the Director of Higher
Secondary Education as per order dated 26/07/2002. The petitioner has a
Post Graduate degree in Zoology with B.Ed. qualification. It is stated that
she is a claimant under Rule 51B of Chapter XIV of the K.E.R. The
petitioner contends that Sri.Ajithkumar was holding a permanent post of
Lab Assistant and, therefore, when he has availed leave a substitute vacancy
has arisen to which the petitioner is appointed.
2. All that the petitioner prays is for a direction to dispose of
Ext.P7 revision petition, filed by the Manager, by the first respondent within
W.P.(C). No.15874/2009
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a time frame after hearing the parties. Therefore, there will be a direction to
the first respondent to consider and pass orders on Ext.P7 in accordance
with law after hearing the petitioner, the Manager and any other affected
parties within a period of four months from the date of receipt of the copy of
this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms
