BETH.C.MINI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court with the following prayers:

(2.) THE fourth respondent has filed a counter affidavit, paragraphs 4 and 5 of which are relevant, which are extracted below: "4. It is submitted that the law has been settled by the decisions of this Hon'ble Court that relinquishment can be only of the vacancy to which the promotion is effected and there cannot be any relinquishment of future right for promotion. Though the 7th respondent was given promotion as High School Assistant vide Order Dated 30.05.2014, the 3rd respondent has not given approval, among others assigning the supersession of seniority of the petitioner. In the above context, the 7th respondent has declined to accept the promotion and sought for orders posting her to the original post of U.P. School Assistant. A true copy of the above request dated 07.08.2014 of the 7th respondent is produced herewith and marked as Exhibit R4(a).

(3.) IT is submitted that, going by Rule 43, Chapter XIV A of the Kerala Education Rules and Exhibit P2 Seniority List, the petitioner is liable to be promoted and this respondent is willing to promote the petitioner to the existing post of High School Assistant at the Sacred Heart High School, Mylapra. The pendency of this Writ Petition is the only impediment in making the appointment by promotion." 3. The learned counsel for the petitioner submits that in view of the contents of the counter affidavit filed by the fourth respondent, the petitioner who is standing next in the queue, pursuant to the relinquishment of promotion by the seventh respondent, is being promoted to the post of HSA, and as such no further relief is necessary for the time being. In the said circumstances, the Writ Petition is closed, as no further orders are necessary.