IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 OP.No. 7222 of 2000(I) ---------------------- PETITIONER(S): --------------- 1. BIJU V.T., S/O. LATE V.O. THOMAS, AGED 25, VETTIYADAN HOUSE, PARAKKADAVU, KURUMASSERY, ERNAKULAM 2. LAIJU VARGHESE N., S/O. N.I.VARGHESE, AGED 22, KUTTIKKATTU, NEYYAN HOUSE, CHETTIPARAMBU, IRINJALAKUDA. 3. BIJU FRANCIS, S/O. K.J.FRANCIS, AGED 24, KAREPARAMBIL HOUSE, IRINJALAKUDA. 4. T.I.THOMAS, S/O. ITTIYARA, AGED 36, THANKIAKKAL HOUSE, VALLAKKUNNU P.O., KALLETTUMKARA, THRISSUR. 5. BIJU VARGHESE, S/O. LATE P.D.VARGHESE, AGED 25, POZHATHUPARAMBIL HOUSE, AVITTATHUR P.O., KALLETTUMKARA, THRISSUR. 6. DONY PAUL, S/O. PAUL JOSEPH, AGED 25, KANNENGATH HOUSE, CHRIST COLLEGE ROAD, IRINJALAKUDA. 7. JOHY T.V., S/O. T.K.VARGHESE, AGED 32, THULUVATH HOUSE, KALLETTUMKARA, THRISSUR. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REP. BY HIGHER EDUCATION (D) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. DY. DIRECTOR OF COLLEGIAGE EDUCATION, THRISSUR. 4. MANAGER, CHRIST COLLEGE, IRINJALAKUDA. 5. PRINCIPAL, CHRIST COLLEGE, IRINJALAKUDA. ADV.K.R.B.KAIMAL GOVERNMENT PLEADER SMT.SMITHA SUKUMAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, A/W. W.P.(C).Nos.13406/06 & 15427/04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 7222/2000. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GOVT. ORDER DTD.20.7.98. P2. COPY OF THE NOTIFICATION DTD.19.8.98 BY R5. P3. COPY OF THE APPOINTMENT ORDER DTD.20.10.98 BY R4 TO P1. P4. COPY OF THE TERMINATION ORDER BY R4 TO P1. P5. COPY OF THE GOVT. ORDER DTD.26.11.98. P6. COPY OF THE LETTER DTD.2.8.99 TO R2. P7. COPY OF THE CIRCULAR DTD.30.8.99 BY R2. P8. COPY OF THE APPOINTMENT ORDER DTD.21.10.99 TO P1 BY R4. P8A. -DO- DTD.10.12.99 TO P6 BY R4. P8B. -DO- DTD.15.12.99 TO P7 BY R4. P9. COPY OF THE LETTER BY R5 TO R2 DTD.18.11.99. P9A. COPY OF THE LETTER BY R2 TO R5 DTD.31.12.99. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.7222/2000 and W.P(C).Nos.15427/2004 & 13406/2006 ================== Dated this the 29th day of September, 2009 J U D G M E N T The petitioners in O.P.No.7222/2000 and W.P.(C).No. 15427/2004 are Last Grade employees of the Christ College, Irinjalakkuda, the manager of which is the petitioner in W.P.(C). No.13406/2006. The issue involved in these three writ petitions is regarding sanction of post of peons, approval of the appointment of the persons to those posts and disbursal of their salary. It is submitted that, subsequently, by Govt. Order, G.O(M.S). No.50/08/H.Edn. dated 9.5.2008 and order No.F(5)45957/08/Coll.Edn. dated 9.6.2009, five posts were sanctioned, pursuant to which, the manager has forwarded proposal dated 28.7.2009 for approval of the appointment of five of the petitioners in O.P.No. 7222/2000 and W.P. (C).No.15427/2004 appointed by the manager in the five sanctioned posts. The manager now submits that the Director of Collegiate Education may directed to consider and pass orders on the proposal submitted by the manager for approval of those appointments. Accordingly, these writ petitions are disposed of with a direction to the 2nd respondent in W.P.(C).No.13406/2006 to consider and pass orders on the proposal dated 28.7.2009 submitted by the manager in respect O.P.7222/2000 etc. 2 of the approval of appointment to the sanctioned posts referred to in the said proposal. This shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The 2nd respondent shall also consider the claim for salary of the said employees with effect from 2003-04 academic year. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.7222/2000-I and W.P(C).Nos.15427/2004-J & 13406/2006-U ================== J U D G M E N T 29th September, 2009