IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 18125 of 2005(G) ----------------------------------- PETITIONER(S): ------------------------ T.O. ROSILY, L.P.S.A., A.L.P. SCHOOL, KEEZHILLAM, PANJAL GRAMA PANCHAYATH, PANJAL P.O., THRISSUR. BY ADVS. MR.P.SANKARANKUTTY NAIR MR.T.V.AJAYAKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, VADAKKANCHERRY. 4. THE MANAGER, A.L.P.S., KEEZHILLAM, KILIMANGALAM P.O., PANJAL GRAMA PANCHAYAT, THRISSUR. 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.T.K.VIPINDAS FOR R1& 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.1321/2008 IN WPC. NO.18125/2005 DISMISSED 03.03.2009 SD/- HARUN-UL-RASHID, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 4.1.99 ISSUED TO THE PETITIONER. P2:- COPY OF THE APPOINTMENT ORDER DT. 15.6.99 ISSUED TO THE PETITIONER. P3:- COPY OF THE APPOINTMENT ORDER DT. 24.7.2000 ISSUED TO THE PETITIONER. P4:- COPY OF THE ORDER DT. 26.7.01 ISSUED TO THE PETITIONER. P5:- COPY OF THE JUDGMENT DT. 16.3.01 IN OP. NO.14305/99. P6:- COPY OF THE ORDER IN CMP. NO.1945/02 IN WA. NO.697/02. P7:- COPY OF THE ORDER IN CMP. NO.4073/01 IN WA. NO.32/2000. P8:- COPY OF THE ORDER IN CMP. NO.40730/02 IN OP. 24030/02. P9:- COPY OF THE APPOINTMENT ORDER DT. 28.8.02 ISSUED TO THE PETITIONER. P10:- COPY OF THE ORDER DT. 9.4.01 ISSUED BY THE 3RD RESPONDENT. P11:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 8.5.03. P12:- COPY OF THE ORDER DT. 3.6.04 ISSUED THE 2ND RESPONDENT. P13:- COPY OF THE ORDER DT. 30.7.04 ISSUED BY THE 5TH RESPONDENT. P14:- COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 17.9.04. P15:- COPY OF THE ORDER DT. 7.5.05 ISSUED BY THE IST RESPONDENT. P16:- COPY OF THE ORDER DT. 2.8.03 ISSUED BY THE 5TH RESPONDENT. P17:- COPY OF THE ORDER DT. 1.8.03 ISSUED BY THE 5TH RESPONDENT. P18:- COPY OF THE ORDER IN CIVIL APPEAL NO.6753/03 AND CONNECTED CASES DT. 3.8.04 . W.P.(C) NO.18125/2005 P19:- COPY OF THE JUDGMENT IN OP. NO.24030/02 DT. 30.11.07. P20:- COPY OF THE ORDER DT. 31.1.03 NO.B/222/03. P21:- COPY OF THE JUDGMENT DT. 19.8.08 IN OP. NO.11287/02. P22:- COPY OF THE ORDER DT. 31.1.03 NO.B/222/03. P23:- COPY OF THE JUDGMENT IN RP. NO.1026/08 IN OP. NO.11168/02 DT. 6.11.08. P24:- COPY OF THE LETTER DT. 16.12.08. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.18125 OF 2005 ---------------------------- DATED THIS THE 3RD DAY OF MARCH, 2009 JUDGMENT Petitioner is working as L.P.S.A. in the 4th respondent School. Exts.P1 to P4 and P9 are the orders appointing the petitioner as L.P.S.A. on different occasions. Petitioner filed O.P.No.24030/92 aggrieved by the failure on the part of the Manager to appoint her as L.P.S.A. in the permanent vacancy in recognition of her claim under Rule 51-A of chapter XIV-A of Kerala Education Rules. The issue arose at a time when the Government was contemplating amendment of the rules making appointments in Panchayat Schools to be effected through the Public Service Commission. There are several writ petitions pending during the relevant time, in which the Government was directed to take a decision in respect of the amendment of the rules. In spite of directions issued by this Court, it appears that the Government did not make rules within the time prescribed. -2- W.P.(C).No.18125/2005 2. Ext.P7is the order passed by a Division Bench of this Court in C.M.P.No.1945/2002 in W.A.No.697/2002, in which it is ordered that the Panchayat is free to make appointments in permanent posts as per the existing rules. Pursuant to the interim order, the petitioner was appointed on 28/2/2002 in the permanent vacancy. The 3rd respondent did not approve the appointment by Ext.P10 order. The reasons stated in Ext.P10 were confirmed by Exts.P12, P13 and P15 orders passed by the Educational Authorities. It is submitted by the learned counsel for the petitioner that in the light of the disposal of the earlier writ petition by Ext.P19 judgment during the pendency of this writ petition, the appointment of the petitioner is to be approved and that the reasons stated for not approving her appointment cannot stand. Learned counsel also submitted that in view of the orders passed by the Apex Court declaring that all the teachers, who have worked on the basis of the interim orders, are entitled to get the salary and that since the petitioner had -3- W.P.(C).No.18125/2005 been working continuously from 28/8/2002 on the basis of Ext.P8 interim order, she is entitled to get the salary from 28/8/2002 onwards. This Court also had gone into the question and held that if the Government do not make necessary amendments as directed in Sasikala's case, the Panchayat is free to make permanent appointments. It was on the basis of the said direction that Ext.P8 order was passed, on the basis of which O.P.No.24030/2002 itself was disposed of by Ext.P19 judgment. On the basis of Ext.P8 order, the petitioner was appointed on 28/8/2002; but she was not paid her salary continuously from the said date. Since the petitioners' appointment was made prior to 10/2/2003 on which day the Panchayat decision was pronounced, the appointment of the petitioner as LPSA on permanent basis is in order. Therefore, the orders rejecting the approval of the appointment are illegal and hence they are liable to be interfered with. In the result, Exts.P10, P12, P13 and P15 orders are quashed. -4- W.P.(C).No.18125/2005 3. There will be a direction to the 3rd respondent to approve the appointment of the petitioner within a period of two moths from the date of receipt of a copy of this judgment and to disburse the salary to the petitioner with effect from 28/8/2002 within a period of one month thereafter. Writ Petition s disposed of as above. Sd/- HARUN-UL-RASHID, Judge kcv.