IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WA.No. 879 of 2009() -------------------- (AGAINST THE JUDGMENT IN WPC 2563/08) APPELLANT(S): APPELLANTS ------------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.BENNY GERVASIS RESPONDENT(S): RESPONDENTS -------------------------- 1. K.K. UMAKANTH, S/O. KUMARAN, PART TIME MENIAL, M.E.S HIGHER SECONDARY SCHOOL, VENMBALLUR, SREENARAYANAPURAM, KODUNGALLUR, THRISSUR DISTRICT. 2. MANAGER, M.E.S, HIGHER SECONDARY SCHOOL, VENMBALLUR, SREENARAYANAPURAM, KODUNGALLUR, THRISSUR DISTRICT. ADV. SRI.P.V.BABY FOR R1 SRI.R.KIRAN FOR first respondent THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30.01.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.879 of 2009 ---------------------------------------------- Dated 30th January, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the first respondent. He was appointed as a Part Time Menial, by the second respondent Manager, on 4.8.2003 and thereafter, as a Full Time Menial, on 1.6.2005. Both the appointments were not approved, for the reason that it was a newly opened school and so, the Manager should have accommodated protected hands. The first respondent's motion before the authorities under the Kerala Education Rules failed, and therefore, challenging those orders, the writ petition was filed. The learned Single Judge allowed the writ petition. Hence this Writ Appeal. 2. During the pendency of the Writ Appeal, the Government have reconsidered the matter and issued G.O.(MS) No.249/09/Gen. Education dated 17.12.2009. As per the said order, the appointment of the first respondent as Full Time Menial, was approved with effect from 1.2.2006. In view of the above position, the Writ Petition as well as the Writ Appeal has WA NO.879/09 2 become infructuous. Accordingly, the judgment under appeal is vacated and the Writ Petition and the Writ Appeal are closed, giving liberty to the first respondent to challenge the aforementioned Government Order dated 17.12.2009, if he is aggrieved by the same. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.879 of 2009 ---------------------------------------------- J U D G M E N T Dated 30th January, 2010.