IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 4359 of 2010(T) ------------------------------------- PETITIONER: ------------------- U.MARIAKUTTY, D/O.USSANAR SAHIB, RESIDING AT DHAR-UL-HUSSAIN, ALATHUR P.O., PALAKKAD-678 541. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION (J) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE MANAGER, C.K.KUNHIPPA MEMORIAL PUDUPARIYARAM PANCHAYATH HIGH SCHOOL, PUDUPPARIYARAM P.O., PALAKKAD. R1 & R2 BY GOVT. PLEADER SRI. T.T. MUHAMOOD, R3 BY ADVS. SRI.N.RAGHURAJ, SRI.A.V.RAVI , SMT.K.AMMINIKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, ALONG WITH W.P.(C). NO.6298 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4359/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE R.3. DTD. 30/01/1996. EXT.P.2: COPY OF THE JUDGMENT IN CIVIL APPEAL NO.6753/2003 OF THE SUPREME COURT OF INDIA DTD. 03/08/04. EXT.P.3: COPY OF THE JUDGMENT IN O.P. NO.27469/2001 OF THIS HONOURABLE COURT DTD. 01/06/2006. EXT.P.4: COPY OF THE ORDER OF THE R.1. DTD. 21/11/2009. EXT.P.5: COPY OF THE LIST OF TEACHERS WHOSE SERVICES WERE REGULARIZED DTD. NIL. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.1. DTD. 26/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.T.SANKARAN, J. ------------------------------ W.P.(C).No.4359 & 6298 OF 2010 ------------------------------ Dated this the 3 rd day of December, 2010 JUDGMENT The petitioners in these Writ Petitions were appointed as teachers in Panchayat schools. The petitioner in WP(C) No.4359 of 2010 (U.Mariyakutty) was appointed as HSA (Social Studies) in C.K.Kunhippa Memorial Puduppariyaram Panchayat High School during the period from 30.1.1996 to 31.3.1996 and from 6.2.2001 to 30.3.2001. The 1 st petitioner in WP(C) No.6298 of 2010 was appointed as LPSA in Ayavana Panchayat LP School during the period from 11.12.1997 to 30.9.2004. Petitioner No.2 therein was appointed as LPSA in Panchayat UP School, Maruthoor for the period from 5.6.1998 to 6.3.2003. Petitioner No.3 was working as part time Hindi teacher in Panchayat UP School, Maruthoor during the period from 5.6.1998 to 29.1.2003. The 4 th petitioner was working as part time Hindi Teacher in Panchayat UP School, Vellaramkallu W.P.(C).No.4359 & 6298 OF 2010 2 during the period from 8.6.1998 to 6.3.2003. 2. As per GO(MS) No.2/2010/G.Edn. dated 2.1.2010, the Panchayat schools were taken over by the Government. It was also provided in that Government Order that the approved teaching and non teaching staff working in the Panchayat schools would be accommodated as Government School teachers and non teaching staff subject to the concurrence of Public Service Commission. As per GO (MS) No.225/09/G.Edn. dated 21.11.2009, the Government decided to regularise the appointment of 86 teachers who were appointed in Panchayat schools after 6.10.1995 and who were continuing in service. The names of the teachers and other details were shown in the list appended to the Government Order. 3. The claim of the petitioners in these Writ Petitions is that they are also entitled to be regularised and absorbed in Government schools W.P.(C).No.4359 & 6298 OF 2010 3 after the Government took over the Panchayat schools. It is submitted that the petitioners would be over aged to apply for any other job. The benefit which was given to the 86 teachers as per GO(MS) No.225/09/G.Edn. dated 21.11.2009 is claimed by the petitioners. It is submitted that though the period of appointment and their continuance in service in Panchayat Schools may be different from that of the teachers covered by the order issued by the Government, the case of the petitioners also require a sympathetic consideration. It is pointed out that the Supreme Court in Rema Devi and another v. State of Kerala and others (Ext.P5 in WP(C) No.6298 of 2010) held that the teachers appointed in Panchayat schools would not be entitled to the preferential claim under Rule 51A of Chapter XIV A of the KER. It is submitted that the Supreme Court, however, observed in that judgment as follows: W.P.(C).No.4359 & 6298 OF 2010 4 “Lastly, it was submitted that the appellants may be permitted to make representation to Government of Kerala. No such permission is necessary. We have no doubt that in case any representation is made, it would be considered by the Government on merits with such sympathy as it deserves. We express no opinion”. 4. The petitioners in WP(C) No.6298 of 2010 submitted Ext.P7 representation dated 6.1.2010 before the Government, while the petitioner in WP (C) No.4359 of 2010 submitted Ext.P6 representation dated 26.12.2009. In the facts and circumstances of the case, the Writ Petitions are disposed of directing the first respondent to dispose of the aforesaid representations submitted by the petitioners, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment, after taking into account the judgment of the Supreme Court, the circumstances under which the Panchayat schools were taken over, the Government Order GO(MS) W.P.(C).No.4359 & 6298 OF 2010 5 No.225/09/G.Edn. dated 21.11.2009 and all other facts and circumstances of the case, after affording an opportunity of being heard to the petitioners, and the respective Panchayats. The petitioners would be entitled to make detailed representations if they choose to do so and to produce relevant documents and materials. The petitioners shall produce a copy of the respective Writ Petition and a certified copy of the Judgment before the first respondent. K.T.SANKARAN, JUDGE. cms