LAWS(KER)-2017-2-51

ANANTHAKUMARI Vs. STTAE OF KERALA

Decided On February 28, 2017
ANANTHAKUMARI Appellant
V/S
Sttae Of Kerala Respondents

JUDGEMENT

(1.) Ananthakumari, the petitioner, now retired, initially joined the fourth respondent's school on 19.6.1984 as a Peon. By then, she possessed all the qualifications to be appointed as High School Assistant (HSA), Hindi. Later, on 31.3.2000, HSA, Hindi working in the school retired.

(2.) Since no claimant was available either under Rule 51A or Rule 43 of Chapter XIVA of Kerala Education Rules (KER), Ananthakumari staked her claim to the post : HSA (Hindi).

(3.) The Manager, the fourth respondent, instead appointed one Mr.Rajeev on 1.8.2000, thus rejecting Ananthakumari's claim to the post. Later, on 29.2007, the District Educational Officer (DEO) approved Rajeev's appointment with effect from 1.8.2000. Aggrieved, Ananthakumari applied before the same authority complaining that her claim ought to have been considered under Note 1 (2) Rule I (1) of Chapter XIVA of KER. In other words, Rajeev's appointment was assailed. Simultaneously, Ananthakumari also filed O.P.No.1951 of 2000 before this Court seeking a direction to the DEO to dispose of her application expeditiously. On 14.9.2000, the DEO rejected her application; later, Ananthakumari filed a revision before the Director of Public Instructions (DPI), the second respondent, besides filing WP(C) No.28864 of 2000, as usual, for a direction to the DPI to consider her application at the earliest.