IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 28429 of 2010(C) ------------------------------------- PETITIONER(S): --------------------- 1. K.RUSY, CONTRACTOR, HSA (NATURAL SCIENCE), SANSKRIT HIGH SCHOOL, VATTOLI, KOZHIKODE DISTRICT. 2. SHEJI V.K., HSA (MATHS), - DO - 3. ABHINA N.K., HSA (MATHS), - DO - 4. SHEEBA K.V., HSA (MALAYALAM) - DO - 5. RAKESH G.R., HSA (PS), - DO - 6. NIZAR EDATHIL, HSA (SS), - DO - 7. SHINY.O., FILL TIME MENIAL, - DO - 8. REEJA V.K., HSA (HINDI) - DO - BY ADV. SRI.R.K.MURALIDHARAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA. 3. THE MANAGER, SANSKRIT HIGH SCHOOL, VATTOLI, KOZHIKODE DISTRICT. R1 & R2 BY GOVT.PLEADER SMT.NISHA BOSE R3 BY ADV. SRI.VINOD MADHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.28429/2010 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE APPOINTMENT OF THE 1ST PETITIONER DATED 21.06.2006. P2 : COPY OF THE ORDER DATED 02.03.07 OF THE 2ND RESPONDENT. P3 : COPY OF THE ORDER NO.B1/3414/09/K DIS DATED 10.08.2009. P4 : COPY OF THE APPOINTMENT ORDER DATED 05.06.2006. P5 : COPY OF THE ORDER OF THE 2ND RESPONDENT. P6 : COPY OF THE APPOINTMENT ORDER DATED 09.07.2007. P7 : COPY OF THE ORDER OF THE DEO. P8 : COPY OF THE ORDER OF APPOINTMENT OF 4TH PETITIONER DATED 05.06.2006. P9 : COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 05.03.2007. P10 : COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 19.05.2008. P11 : COPY OF THE APPOINTMENT ORDER DATED 02.06.2008. P12 : COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 10.02.2009. P13 : COPY OF THE APPOINTMENT ORDER DATED 02.06.2008. P14 : COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 13.02.2009. P15 : COPY OF THE APPOINTMENT ORDER DATED 16.06.2009. P16 : COPY OF THE ORDER DATED 05.05.10 OF THE 2ND RESPONDENT. P17 : COPY OF THE APPOINTMENT ORDER DATED 23.06.2008. P18 : COPY OF THE ORDER DATED 21.02.09. P19 : COPY OF GO(P)NO.10/10 G.EDN DATED 12.01.2010. P20 : COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN WP(C)NO.6960/2010. P21 : COPY OF THE UNDERTAKING FILED BY THE 2ND RESPONDENT DATED 08.10.2010. P22 : COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 24.04.2007. P23 : COPY OF THE JUDGMENT IN WP(C)NO.16305/04 DATED 15.07.2005. P24 : COPY OF THE ORDER DATED 22.03.06 OF THE 2ND RESPONDENT. P25 : COPY OF THE ORDER NO.B4/5587/11 DATED 06.08.2011. AV WPC.NO.28429/2010 RESPONDENT'S EXHIBITS : R1(a) : COPY OF THE JUDGMENT IN W.P.(C)NO.273/07. R1(b) : COPY OF G.O.(P)NO.70/79/G.EDN. DATED 02.05.1979. R1(c) : COPY OF FORM 27. R1(d) : COPY OF THE AMENDMENT DATED 25.05.2010 OF RULE 6(viii) CHAPTER V. /TRUE COPY/ P.A TO JUDGE AV T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28429/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of November, 2011 J U D G M E N T The petitioners herein have been working as High School Assistants (H.S.As) in various subjects in the school. Presently, we are only concerned with the pleas raised by the fourth petitioner, H.S.A (Malayalam). The fourth petitioner was appointed in the school in the newly created post from 05/06/2006 onwards. By Ext.P9, the proposal for approval was rejected. Thereafter, the Government passed Ext.P10 order in the revision petition filed by the fourth petitioner. In Ext.P10, the view taken by the Government is that the ban imposed in G.O.(P). No.317/05/G.Edn., dated 18/07/2005 with regard to the creation of additional division posts has not been lifted so far and hence the additional post of H.S.A (Malayalam) cannot be sanctioned to the school. 2. Presently, there are various developments, namely, (i) issuance of G.O.(P).No.10/10/Gl.Edn., dated 12/01/2010 by the Government and (ii) based on the said Government Order the Manager has filed a declaration as W.P.(C). No.28429/2010 -:2:- per Ext.P21 to appoint protected teachers in equal number to the teachers appointed in additional division vacancies during 2006-07 to 2009-2010. Ext.P23 is the Judgment of this Court in W.P.(C).No.16305/2004 whereby the first additional post in H.S.A. (Malayalam) was ordered to be approved. Thereafter, Ext.P24 order was issued by the District Educational Officer, Vatakara approving the appointment of the petitioner in W.P.(C). No.16305/2004. 3. Ext.P25 is the order issued by the Deputy Director of Education sanctioning additional divisions in the High School Section of the school in question from 2006-07 onwards and various posts have also been sanctioned. It is submitted that in view of Ext.P10 order, there was no consideration of the post held by the petitioner. But, as far as the post of H.S.A. (Malayalam) is concerned, the said aspect can be considered, evidently in the light of Ext.P21 declaration filed by the Manager, by the Government. In the light of the above factual scenario, the learned counsel for the petitioners prayed for a direction to the Government to reconsider the revision petition. W.P.(C). No.28429/2010 -:3:- 4. Heard the learned Government Pleader for the respondents. 5. In the light of the various aspects pointed out by the petitioners and in the light of the lifting of the ban issued by the Government in G.O.(P). No.317/05/G.Edn., dated 18/07/2005 by G.O.(P). No.10/10/Gl.Edn., dated 12/01/2010; filing of the declaration by the Manager as per Ext.P21 and; the revision of the staff fixation by the Deputy Director of Education as per Ext.P25, the Government will pass a fresh order after hearing the fourth petitioner and the manager within a period of three months from the date of receipt of a copy of this Judgment. The fourth petitioner shall produce additional materials, if any, before the Government by way of a representation along with a copy of this Judgment. Ext.P10 is quashed, to enable the Government to pass a fresh order. The writ petition is allowed as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms