Kerala High Court
N.C. Rahna vs State Of Kerala on 22 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NO. 1661 OF 2024 1
2024:KER:78701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WA NO. 1661 OF 2024
AGAINST THE ORDER DATED 26.09.2024 IN WP(C) NO.14407 OF
2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER :
N.C.RAHNA
AGED 37 YEARS
WIFE OF KRISHNAKUMAR,
LOWER PRIMARY SCHOOL ASSISTANT,
N.S.V.V. LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT- 680682
(RESIDING AT NEDUMPARAMBIL (H),
VALANGAMURY,
NALUKETTU.P.O, KORATTY,
THRISSUR DISTRICT, PIN - 680308
BY ADVS.
M.SAJJAD
P.A.JENZIA
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001, PIN - 695001
WA NO. 1661 OF 2024 2
2024:KER:78701
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
4 THE DISTRICT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
5 THE ASSISTANT EDUCATIONAL OFFICER
MALA, THRISSUR DISTRICT, PIN - 680732
6 THE MANAGER
NSVVLPS, LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT, PIN - 680682
7 THE HEADMASTER,
NSVVLPS, LP SCHOOL, KANNIKKULANGARA,
PUTHENCHIRA.P.O., MALA,
THRISSUR DISTRICT, PIN - 680682
8 SMT.BIBITHA V ANTONY,
LPST, NSVVLPS, LP SCHOOL,
KANNIKKULANGARA, PUTHENCHIRA.P.O.,
MALA, THRISSUR DISTRICT, PIN - 680682
OTHER PRESENT:
SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER
SRI.K.JAJU BABU(SR)
SRI.BRIJESH MOHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1661 OF 2024 3
2024:KER:78701
JUDGMENT
A.Muhamed Mustaque, J.
The inter se dispute between the appellant and the 8 th
respondent concerns the claim for Lower Primary School Assistant
(LPSA), which is the subject matter of the dispute. The matter is
pending before the learned Single Judge. There was a stay against
the approval of the appointment of the 8th respondent. This stay has
been vacated and it has been ordered that the approval of
appointment of the 8th respondent can be considered subject to the
outcome of the writ petition. The appellant claims that she was
appointed on an earlier date than the 8 th respondent. Therefore, she
has the right to be considered for any vacancies that has arisen. The
8th respondent points out that the appellant was appointed to a non-
existent post, and therefore, she cannot make any claim.
2. We are not here to decide the matter on merit. This
case has come before us from an interim order. The parties' rights
will have to be protected till a decision is taken. If approval is
granted to the 8th respondent, that would upset the rights of the
petitioner. This matter can be decided finally after hearing both
sides.
2024:KER:78701
3. We are of the view that the direction to consider the
approval of appointment of the 8th respondent should be kept on hold
till a final decision is taken in this matter. We request the learned
Single Judge to consider early disposal of the matter taking note of
the fact that the cause of approval of appointment of the 8 th
respondent is pending before the Educational Authority. The Registry
will bring this matter to the notice of the learned Single Judge at
the earliest for an early disposal.
This writ appeal is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.M.MANOJ, JUDGE
rkj
2024:KER:78701
PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE DECISION REPORTED IN 2009
(4) KHC 296 (GEETHA S v. GEO THOMAS K AND
OTHERS)
Annexure A-2 TRUE COPY OF THE DECISION REPORTED IN 2007
(2) KLT SN 63 CASE NO.85
Annexure A-3 TRUE COPY OF THE JUDGMENT IN W.A.NO.
417/2024 DATED 27.03.2024
Annexure A-4 TRUE COPY OF THE DECISION REPORTED IN 2024
KHC ONLINE 6440 = ILR 2024 (3) KER 1085
SHABNA ABDULLA v. UNION OF INDIA
20.08.2024
Annexure A-5 TRUE COPY OF THE INTERIM ORDER IN W.P(C)
NO.15078/2019 DATED 31.05.2019
Annexure A-6 TRUE COPY OF THE ORDER NO.
D-936/2018/K.DIS DATED 04.09.2019 OF THE
AEO, MALA
Annexure A-7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO.15078/2019 DATED 24.11.2021
Annexure A-8 TRUE COPY OF THE INTERIM ORDER IN WP.(C)
NO.15078/2019 DATED 21.03.2022
Annexure A-9 TRUE COPY OF G.O.(RT).NO.4784/2017/G.EDN
DATED 13.12.2017
