IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27391 of 2011(Y) -------------------------------- PETITIONERS: ---------------- 1. P. PADMAJA DEVI, W/O. T.P.RAJENDRA KUMAR AGED 39 YEARS,UPPER PRIMARY SCHOOL ASSISTANT S N M V H S SCHOOL, VANNAPPURAM,THODUPUZHA. 2. M.G. PREETHY, D/O. M.K.GOPALAN, UPPER PRIMARY SCHOOL ASSISTANT, S N M V H S SCHOOL, VANNAPPURAM,THODUPUZHA. 3. GINCY M. CHELAPUZHAYIL,W/O. DENNY GEORGE AGED 29 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, S N M V H S SCHOOL, VANNAPPURAM,THODUPUZHA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA-685584. 4. THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA-685584. WP(C).No. 27391/2011 5. THE MANAGER, S N M V H S SCHOOL, VANNAPPURAM,THODUPUZHA. IDUKKI DISTRICT-685582. 6. THE PRINCIPAL, S N M V H S SHOOL, VANNAPPURAM-685582,THODUPUZHA IDUKKI DISTRICT. 7. SMT. A. SANGEETHA, UPPER PRIMARY SCHOOL ASSISTANT, S N M V H S SHOOL, VANNAPPURAM-685582,THODUPUZHA IDUKKI DISTRICT. 8. SMT. K.BINDU, UPPER PRIMARY SCHOOL ASSISTANT, S N M V H S SHOOL, VANNAPPURAM-685582,THODUPUZHA IDUKKI DISTRICT. 9. SMT. BINDU PAUL, UPPER PRIMARY SCHOOL ASSISTANT, S N M V H S SHOOL, VANNAPPURAM-685582,THODUPUZHA IDUKKI DISTRICT. 10. SRI. RENJU BABU, LOWER PRIMARY SCHOOL ASSISTANT, S N M V H S SCHOOL, VANNAPPURAM-685582,THODUPUZHA IDUKKI DISTRICT. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.27391/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE STAFF FIXATION ORDER 2006-07 DTD. 31.07.06. EXT.P2 TRUE COPY OF THE STAFF FIXATION ORDER 2007-08 DTD. 31.08.07. EXT.P3 TRUE COPY OF THE STAFF FIXATION ORDER 2008-09 DTD. 14.7.08. EXT.P4 TRUE COPY OF THE ORDER NO.B4/3334/06/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER(1ST PETITIONER.) DTD. 30.12.06. EXT.P5 TRUE COPY OF THE ORDER NO.B4/3333/06/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER(2ND PETITIONER.) DTD. 1.1.06. EXT.P6 TRUE COPY OF THE ORDER NO.B4/3327/06/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER(3RD PETITIONER.) DTD. 30.12.06. EXT.P7 TRUE COPY OF THE ORDER NO.B4/1580/07/K.DIS. OF THE DEPUTY DIRECTOR OF EDUCATION (1ST PETITIONER) DTD. 21.5.07. EXT.P8 TRUE COPY OF THE ORDER NO.B4/1579/07/06 OF THE DEPUTY DIRECTOR OF EDUCATION (2ND PETITIONER) DTD. 21.5.07. EXT.P9 TRUE COPY OF THE ORDER NO.B4/1581/07 OF THE DEPUTY DIRECTOR OF EDUCATION (3RD PETITIONER) DTD. 21.5.07. EXT.P10 TRUE COPY OF THE STATEMENT OF PROPOSAL DTD. NIL. EXT.P11 TRUE COPY OF THE G.O. (P) NO.10/10/G.EDN. OF THE GOVT DTD. 12.1.10. EXT.P12 TRUE COPY OF THE G.O. (RT) NO.3816/10/G.EDN OF THE GOVT DTD. 27.8.10. EXT.P13 TRUE COPY OF THE INTERIM ORDER IN I.A. NO.7893/2010 IN WP(C) NO.22844/2009-A DTD. 29.6.10. WP(C).No.27391/2011 EXT.P13(a) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.22756/2010-T DTD. 12.11.10. EXT.P14 TRUE COPY OF THE REVISED STAFF FIXATIN ORDER 2006-07 DTD. 7.12.10. EXT.P14(a) TRUE COPY OF THE REVISED STAFF FIXATION ORDER 2007-08 DTD. 7.12.10. EXT.P14(b) TRUE COPY OF THE REVISED STAFF FIXATION ORDER 2008-2009 DTD. 7.12.10. EXT.P14(c) TRUE COPY OF THE REVISED STAFF FIXATION ORDER 2009-2010 DTD. 7.12.10. EXT.P14(d) TRUE COPY OF THE REVISED STAFF FIXATION ORDER 2010-2011 DTD. 7.12.10. EXT.P15 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. BINDU.K. DTD. 5.6.06. EXT.P15(a) TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. BINDU PAUL DTD. 4.6.07. EXT.P15(b) TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.SANGEETHA.A DTD. 5.6.06. EXT.P16 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT (1ST PET). DTD. 24.12.10. EXT.P16(a) TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT (2ND PET.) DTD. 24.12.10. EXT.P16(b) TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT (3RD PET) DTD. 24.12.10. EXT.P17 TRUE COPY OF THE ORDER NO EC.2/27761/2011/DPI/K.DIS. OF THE 2ND RESPONDENT DTD. 27.7.11. EXT.P18 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONERS DTD. 5.8.11. EXT.P19 TRUE COPY OF THE G.O.(RT) NO.622/11/G.EDN. OF THE GOVERNMENT DTD. 14.2.11. EXT.P20 TRUE COPY OF THE ORDER No.RA(1) 67927/90/L.DIS/DPI OF THE 2ND RESPONDENT DTD. 9.10.1990. WP(C).No.27391/2011 EXT.P21 TRUE COPY OF THE G.O. (RT) NO.4664/09/G.EDN. OF THE GOVT. DTD. 10.11.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27391 OF 2011 --------------------------------------- Dated this the 17th day of October, 2011. J U D G M E N T The petitioners herein are working as UPSAs/LPSAs in the school managed by the 5th respondent. The matter concerns non approval of appointment. It is also their case that they have challenged the revised staff fixation orders. The appeals filed by the petitioners before the Director of Public Instruction have been rejected by Ext.P17 order. Challenging the same, the petitioners have filed Ext.P18 revision petition before the Government. It is pointed out that the respondents 7 to 10 who have been subsequently appointed have been granted approval also. 2. As far as the petitioners are concerned, the approval was declined in the light of the ban order issued by the Government as evident from Exts.P4 to P6. The appeals filed against Exts.P4 to P6 were disposed of by Exts.P7 to P9. It is pointed out that the ban order has been lifted by Ext.P11 order, and there was a direction by the Government as per Ext.P12 to the District W.P.(C) No.27391/11 2 Educational Officer as regards approval of appointment of the petitioners. But, subsequently, the District Educational Officer visited the school on 07.12.2010 and verified the admission register and revised the staff fixation orders for the years 2006- 2007 to 2010-2011 by assessing the effective strength of students, avoiding the students who left the school with Transfer Certificates after the 6th working day, one day verification and higher level verification. The revised staff fixation orders have been produced as Exts.P14 to P14(d). It is upto the Government to take a decision on Ext.P18 revision petition. There will be a direction to the Government to consider and pass appropriate orders on Ext.P18 revision petition, after hearing the petitioners and the respondents 5 to 10, within a period of four months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp