High Court Kerala High Court

S.Sheeba vs The State Of Kerala on 19 August, 2010

Kerala High Court
S.Sheeba vs The State Of Kerala on 19 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26473 of 2010(H)


1. S.SHEEBA, D/O.LATE SELVARAJU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE MANAGER, ST.PAUL'S HIGH SCHOOL,

4. SMT.W.VIMALA, UPPER PRIMARY SCHOOL

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :19/08/2010

 O R D E R
                        C.T. RAVIKUMAR, J.

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                 W.P. (C) No. 26473 OF 2010
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            Dated this the 19th day of August, 2010

                            J U D G M E N T

The petitioner’s father died-in-harness on

11.10.2002. Later, raising claim under Rule 51B of Chapter

XIV A of the Kerala Education Rules, the petitioner has

submitted Ext. P1 application for employment. However, the

manager did not take any action thereon, it is submitted. The

grievance of the petitioner is that without considering the said

application submitted by the petitioner the 4th respondent – a

fresh hand was appointed against the vacancy occurred in the

category of UPSA(Hindi) with effect from 1.6.2010 as per

Ext.P7. The contention of the petitioner is that the rightful

claim of the petitioner under 51B of Chapter XIV A of KER

should not have been overlooked and the 4th respondent

should not have been appointed against the said vacancy.

Raising all such contentions, the petitioner has filed an

objection against the appointment given to the 4th respondent.

Ext.P5 is the objection filed by the petitioner in that regard. It

is still pending consideration before the second respondent.

WPC.26473/2010
: 2 :

When a grievance relating denial of a claim under Rule 51 B

of Chapter XIV A is raised before the competent authority,

that authority has a duty to look into the same and to take

appropriate steps in accordance with law. In the said

circumstances, this writ petition is disposed of with a direction

to the second respondent to consider Ext.P5 representation

submitted by the petitioner with notice to the petitioner and

respondents 3 and 4 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)

jma

//true copy//

P.A to Judge