JASEENA P.M. Vs. THE DISTRICT EDUCATIONAL OFFICER,

JUDGEMENT

(1.) In the manner which I propose to dispose of the Writ Petition, it is not necessary to issue notice to respondents 3 and 4. The learned Government Pleader takes notice for respondents 1 and 2.

(2.) The case of the petitioner is the following: She was working as UP School Assistant in Karuna UP School, Thennilapuram with effect from 2.6.2004 in a regular vacancy. Originally, she was appointed as LP School Assistant in that school in a leave vacancy for the period from 6.11.2002 to 28.2.2003. Later, the petitioner was appointed as UP School Assistant for the period from 1.8.2003 to 19.12.2003 in another leave vacancy. While working in the regular vacancy, she was retrenched from service on 15.7.2007 (counsel says the date noted as 15.7.2006 in the Writ Petition is a mistake)due to abolition of the post. A vacancy of LP School Assistant arose in the school with effect from 1.6.2010 due to the retirement of one V. Rajan, LP School Assistant on 31.3.2010. The petitioner staked a claim for appointment in that post claiming that she is entitled to the preferential claim under Rule 51A of Chapter XIV -A of the Kerala Education Rules. The Manager did not approve the claim of the petitioner and the 4th respondent was appointed as LP School Assistant. The 4th respondent is a fresh hand. The petitioner approached the Assistant Educational Officer with a request to direct the Manager to appoint her in the regular vacancy of LP School Assistant. The petitioner also filed WP(C) 20224/2010 to issue a direction to the Assistant Educational Officer to dispose of the representation submitted by the petitioner. As per Ext.P5 judgment dated 29th June, 2010, the Assistant Educational Officer was directed to consider and dispose of representation submitted by the petitioner. In compliance with the judgment, the Assistant Educational Officer disposed of the case as per order dated 30.7.2010 (Ext.P6). Since Ext.P6 was not in favour of the petitioner, she filed Ext.P7 appeal before the District Educational Officer, Palakkad. It is stated that Ext.P7 appeal is pending disposal.

(3.) The reliefs prayed for in the Writ Petition are the following: