LAWS(KER)-2010-9-355

REENA C. THARAKAN Vs. THE STATE OF KERALA,

Decided On September 23, 2010
Reena C. Tharakan Appellant
V/S
The State Of Kerala, Respondents

JUDGEMENT

(1.) IN the manner in which I propose to dispose of the Writ Petition, I do not think notice need be issued to the second and third respondents. Notice to respondents two and three is dispensed with.

(2.) THE case of the petitioner is the following: She entered in service as UPSA under the M.M.C. Corporate Management School, Devalokam, Kottayam on 11.12.2000 and continued till 13.2.2001 at St. Mary's U.P. School, Adoor. Later, she was appointed as HSA (Mathematics) with effect from 17.9.2001. That appointment was approved as per Ext.P1 order dated 23.10.2002. The petitioner continued as HSA (Mathematics) till 30.11.2001 and thus, she became a claimant under Rule 51A of Chapter XIV A KER. The petitioner was given appointment as UPSA for the period from 4.7.2002 to 9.12.2002 at St. George UPS, Cheruvakkal and that appointment was approved. The petitioner also worked as UPSA since 1.7.2003 at St. Mary's M.M. UPS, Adoor. Later, she was shifted to Mar Baselious UPS, Pulamon, Kottarakkara with effect from 1.8.2006. It is stated that the salary for the period from 1.8.2006 to 30.6.2009 was disbursed. However, the salary of the petitioner was withheld from 1.7.2009 onwards on the ground that the salary of her seniors were not released. As per Ext.P2 order dated 13.7.2010, the petitioner was transferred to St. George VHSS, Chowalloor. A vacancy of HSA (Mathematics) arose at St. Gregorious HSS, Kottarakkara on 1.4.2010. According to the petitioner, there are three UP School Assistants including the petitioner entitled to be promoted under Rule 43 and Rule 51A of Chapter XIV A of KER against that vacancy of HSA (Mathematics). It is also alleged that the two other teachers relinquished their claims as per Exts.P3 and P4.

(3.) FOR the time being, the only relief which the petitioner seeks is for a direction to the District Educational Officer, Kottarakkara to dispose of Ext.P8 representation expeditiously. The petitioner reserves her contentions, to be taken at the appropriate stage.