IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 7291 of 2008(R) ------------------------- PETITIONER: ------------ CHANDRALALI, AGED 33, D/O.SHOBHY ELAVOORKONAM VILATHIVILAKOM VEEDU, KARODE VILAPPILSALA PO BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA. 4. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, THIRUVANANTHAPURAM SYNOD CALVARY LUTHERAN CHURCH, PEROORKADA P.O. THIRUVANANTHAPURAM ADDL.RESPONDENTS: 5. C.H.SUNIL KUMAR, CONDUCTOR, K.S.R.T.C. DEPOT, POOVAR. 6. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. DEPOT, POOVAR. (ADDL.RESPONDENTS 5 AND 6 IMPLEADED VIDE ORDER DATED 18.3.2008 IN IA NO.3325/2008) BY GOVT. PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON 13/08/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DATED 17.4.2000 EXT.P2 TRUE COPY OF APPOINTMENT ORDER DATED 14.6.2006 EXT.P3 TRUE COPY OF RESIGNATION LETTER DATED 17.12.2004 OF ONE SUNIL KUMAR EXT.P4 TRUE COPY OF ORDER OF REJECTION OF APPROVAL FOR APPOINTMENT EXT.P5 TRUE COPY OF APPLICATION DATED 10.11.2006 EXT.P6 TRUE COPY OF APPEAL DATED 18.12.2006 BY CORPORATE MANAGER BEFORE THE SECOND RESPONDENT EXT.P7 TRUE COPY OF THE ORDER DATED 24.2.2007 OF THE SECOND RESPONDENT EXT.P8 TRUE COPY OF REVISION PETITION DATED 13.3.2007 FILED BY PETITIONER BEFORE THE FIRST RESPONDENT EXT.P9 TRUE COPY OF THE ORDER DATED 10.10.2007 EXT.P10 TRUE COPY OF THE CERTIFICATE DATED 4.12.2007 FROM KSRTC //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.7291 of 2008 R -------------------------------------- Dated this the 13th day of August, 2008. J U D G M E N T The petitioner was appointed as Peon in Concordia Lutheran Higher Secondary School, Peroorkada, for the period from 17.4.2000 to 5.7.2000 in a leave vacancy. Later, when a vacancy arose due to the resignation of one C.H.Sunil Kumar, the Manager appointed the petitioner as Full Time Menial, as per Ext.P2 appointment order dated 14.6.2006. Shri Sunil Kumar had taken up employment in Kerala state Road Transport Corporation as a Conductor with effect from 6.11.2004. Shri Sunil Kumar submitted Ext.P3 resignation letter dated 17.12.2004 stating that he had taken up employment in Kerala State Road Transport Corporation and that his resignation may be accepted with effect from 6.11.2004. 2. The appointment of the petitioner as Full Time Menial was not approved by the District Educational Officer, as per Ext.P4 order dated 30.11.2006. One of the reasons stated for rejecting the approval of appointment is as follows:- WP(C) No.7291/2008 2 “1) The appointment is against the vacancy of Sri.Sunilkumar, who has been relieved to take PSC appointment. But copy of department orders to relieve the incumbent is not produced.” Ext.P4 order was challenged in appeal by the Manager before the Deputy Director of Education. The Deputy Director of Education also did not approve the appointment of the petitioner, as per Ext.P7 order dated 24.2.2007. The petitioner filed a revision before the Director of Public Instruction challenging Ext.P7 order dated 24.2.2007 passed by the Deputy Director of Education. The Director of Public Instruction disposed of the revision as per Ext.P9 order dated 10.10.2007, rejecting the revision. The Director of Public Instruction was under the erroneous impression that the revision was filed by the Manager, while, in fact, the revision was filed by the petitioner. Evidently, the petitioner was not afforded an opportunity of being heard by the Director of Public Instruction. Exts.P4, P7 and P9 are challenged by the petitioner in this Writ Petition. 3. The Manager had submitted Ext.P5 application dated 10.11.2006 to the District Education Officer, requesting to ratify the relief of Shri Sunil Kumar with effect from 7.11.2004. Ext.P5 application discloses that Shri Sunil Kumar was relieved from the School for taking up employment in the Kerala State Road Transport Corporation. Ext.P5 application also discloses that there was a dispute regarding the managership and resolution of the dispute was WP(C) No.7291/2008 3 made as per order dated 28.2.2005. It is stated by the learned Government Pleader that Ext.P5 was returned as it was not accompanied by relevant documents. 4. The resignation of Shri Sunil Kumar was accepted by the Manager as is evident from Ext.P3. However, the District Educational Officer has not sanctioned the same which resulted in the rejection of the prayer for approval of the appointment of the petitioner. Therefore, the first step to be taken is to consider whether sanction should be accorded for accepting the resignation of Shri Sunil Kumar. Shri Sunil Kumar is the fifth respondent in this Writ Petition. He has not entered appearance in spite of service of notice. Shri Sunil Kumar is employed in the Office of the sixth respondent, the Assistant Transport Officer, Kerala State Road Transport Corporation Depot, Poovar. On Ext.P10 application dated 4.12.2007 submitted by the petitioner, the Assistant Transport Officer, Kerala State Road Transport Corporation Depot, Poovar has certified that Shri C.H. Sunil Kumar was working in the Poovar Depot of Kerala State Road Transport Corporation with effect from 6.11.2004. The learned Government Pleader submits that since Ext.P5 was returned, it is necessary to re-submit the same by the Manager or the Manager has to submit a fresh application. It is also necessary to produce sufficient proof to show that Shri Sunil Kumar has taken up employment in the Kerala State Road Transport Corporation and that it is necessary to produce the resignation letter given by Shri Sunil Kumar. It is submitted by the learned Government Pleader that if the WP(C) No.7291/2008 4 relevant documents are made available before the District Educational Officer, the question would be considered by him, and thereafter, the question of approval of the appointment of the petitioner could be considered. In the facts and circumstances of the case, it is just and necessary to have a re-consideration of the whole matter, or else, for no fault of the petitioner, he would be without any remedy. Exts.P4, P7 and P9 are quashed and the matter is remitted for re-consideration to the District Educational Officer. The District Educational Officer (the third respondent) shall, at first, take up for consideration the question of ex post facto sanction of the resignation of Shri C.H.Sunil Kumar, and thereafter, shall consider the question of approval of the appointment of the petitioner as Full Time Menial. The Manager shall produce all the relevant documents before the District Educational Officer. If Ext.P5 as such is not available with the Manager, he shall submit a fresh application stating the relevant facts along with relevant documents. The sixth respondent shall issue a certificate to the petitioner, stating the details regarding the service of the fifth respondent in the Poover Depot of the Kerala State Road Transport Corporation with effect from 6.11.2004 and the same shall also be produced before the District Educational Officer. After taking into account all the relevant documents and facts and circumstances of the case and WP(C) No.7291/2008 5 also the representation submitted by the petitioner and the Manager, the District Educational Officer shall take a final decision in the matter, as expeditiously as possible and at any rate within a period of three months. Writ Petition is disposed of as stated above. K.T. SANKARAN, JUDGE. cks