IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 12277 of 2008(J) -------------------------- PETITIONER: --------------- 1. BABUJI, AGED 69 YEARS, S/O.AYYAPPAN, T.K.MADHAVA MEMORIAL U.P.SCHOOL, VADACKAL, ALAPPUZHA DISTRICT (RESIDING AT CHEERAN PARAMBU VATTAYIL WARD, ALAPPUZHA - 2. 2. JAYASREE S., UPPER PRIMARY SCHOOL ASSISTANT, T.K.MADHAVA MEMORIAL U.P.SCHOOL VADACKAL, ALAPPUZHA - 2. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT. BY GOVT.PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.12277/08 PETITIONER's EXTS: EXT.P1: TRUE COPY OF ORDER NO.D.DIS.C02236/06 OF THE ASST.EDL.OFFICER. EXT.P2: TRUE COPY OF ORDER NO.B2/24188/06/D.DIS.OF THE DY.DIRECTOR. EXT.P3: TRUE COPY OF LETTR NO.C-2464/06.L.DIS OF THE ASST.EDL.OFFICER. EXT.P4: TRUE COPY OF ORDER NO.58426/H2/07/G.EDN.OF THE GOVERNMENT. EXT.P5: TRUE COPY OF GO(P)NO.317/05/G.EDN. OF THE GOVERNMENT. EXT.P6: TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) No.30657/05. True copy T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.12277 Of 2008 ----------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2010 J U D G M E N T The 1st petitioner is the Manager and the 2nd petitioner is a Lower Primary School Assistant appointed in the School in a leave vacancy. The initial appointment from 22.7.2004 to 5.6.2007 was approved. When an additional division was sanctioned for the year 2006-07, the 1st petitioner shifted the 2nd petitioner as UPSA from 19.7.2006 against an anticipated post of UPSA. 2. Relying upon the ban order, the additional post was not sanctioned in the staff fixation order Exhibit P1. Even though an appeal was filed, it was rejected. This was challenged in revision before the Government also, but same stand was reiterated. Exhibit P5 order shows that the restrictions imposed on appointment of teachers and non-teaching staff consequent to additional division vacancies will continue from the academic year 2006-07 onwards. It is in these circumstances that the petitioner filed this Writ Petition challenging previous orders. 3. The learned counsel for the petitioner produced before me for perusal G.O.(P)N0.10/10/GED. dated 12.1.2010, whereby W.P.(C)No.12277/08 -2- the Government lifted the ban of filling up of vacancies due to creation of additional divisions for the year 2006-07 onwards. The same has been lifted on certain conditions. In the light of the above, fresh orders will have to be passed by the 4th respondent. Therefore, Exhibits P2 to P4 are quashed. The Writ Petition is allowed. There will be a direction to the 4th respondent to consider the matter and pass orders, after hearing the concerned parties including the Manager of the School in the light of G.O.(P)No.10/10/GED. dt.12.1.2010 within a period of six weeks from the date of receipt of a copy of this judgment. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn