IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 1383 of 2008(M) ------------------------- PETITIONERS: ------------ 1. A.K.VINODAN, AGED 40 YEARS, S/O. GOPALAN, FORMERLY HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA) NANMINDA, KOZHIKODE DIST., (RESIDING AT AMMARAMMARUKANDIYIL, PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT.) 2. V.K.VINOD KUMAR, AGED 37 YEARS, S/O. V.NARAYANAN NAMBISSAN, FORMERLY HIGH SCHOOL ASSISTANT (MATHS), PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA)NANMINDA, KOZHIKODE DIST., (RESIDING AT PRANAVAM, KANNANKARA, KOZHIKODE DISTRICT.) 3. K.PRASEELA, AGED 39 YEARS, W/O. SUDISH KUMAR, FORMERLY HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA)NANMINDA, KOZHIKODE DISTRICT, (RESIDING AT VIKAS HOUSE,PO.KANNANKARA, CHELANNUR, KOZHIKODE-673 616). 4. B.SREEBA, AGED 31 YEARS, W/O. V.P.ANILKUMAR, FORMERLY HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA) NANMINDA, KOZHIKODE DIST., (RESIDING AT KRISHNA HOUSE, P.O.EDAKKARA, CHELANNUR, KOZHIKODE-673 616). 5. T.SHYNI, AGED 33 YEARS, W/O. SHYBIN, FORMERLY HIGH SCHOOL ASSISTANT (MALAYALAM), PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA)NANMINDA, KOZHIKODE DISTRICT, (RESIDING AT SURABHI HOUSE, P.O.VETTOLI BAZAR, BALUSSERY, KOZHIKODE DISTRICT.) BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA WP(C) NO.1383/2008 2 RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE DISTRICT. 5. THE MANAGER, PAVANDOOR HIGHER SECONDARY SCHOOL, P.O.PAVANDOOR, (VIA) NANMINDA, KOZHIKODE DISTRICT. BY G.P. SHRI T.T.MUHAMMED BY ADV. SRI.M.VIJAYAKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE FIRST PETITIONER DATED 14.12.98 EXT.P2 -DO- OF SECOND PETITIONER DATED 8.6.98 EXT.P3 -DO- OF THIRD PETITIONER DATED 15.698 EXT.P4 -DO- OF THIRD PETITIONER DATED 4.8.98 EXT.P5 -DO- OF THIRD PETITIONER DATED 24.8.98 EXT.P6 -DO- OF 4TH PETITIONER DATED 13.1.1998 EXT.P7 -DO- OF FIFTH PETITIONER DATED 8.6.98 EXT.P8 -DO- TRUE COPY OF THE G.O.(P) NO.328/2003/FIN. OF THE GOVT. DATED 19.6.2003 EXT.P9 TRUE COPY OF THE GO(MS) NO.104/69/EDN. OF THE GOVT. DATED 6.3.1969 EXT.P10 TRUE COPY OF THE GO(MS) No.60/1996/G.EDN. OF THE GOVT. DATED 15.2.1996 EXT.P11 TRUE COPY OF THE GO(P) NO.112/2001/G.EDN, OF THE GOVT. DATED 26.3.2001 EXT.P12 TRUE COPY OF THE GO(MS) NO.113/2000/G.EDN. OF THE GOVT. DATED 6.4.2000 EXT.P13 TRUE COPY OF THE GO(MS)NO.307/2004/G.EDN. OF THE GOVT. DATED 4.10.2004 EXT.P14 TRUE COPY OF THE GO(MS) NO.302/2002/G.EDN. OF THE GOVT. DATED 10.10.2002 EXT.P15 TRUE COPY OF THE GO(MS) NO.379/2004/G.EDN. OF THE GOVT. DATED 16.12.2004 EXT.P16 TRUE COPY OF THE GO(RT) NO.1701/07/G.EDN. OF THE GOVT. DATED 17.4.2007 EXT.P17 TRUE COPY OF THE GO(RT) NO.349/98/G.EDN. OF THE GOVT. DATED 1.9.1998 EXT.P18 TRUE COPY OF THE LETTER NO.25501/L1/001/GE OF THE GOVT. DATED 7.1.2002 EXT.P19 TRUE COPY OF THE GO(RT) NO.2673/2002/G.EDN. OF THE GOVT. DATED 13.8.2002 EXT.P20 TRUE COPY OF THE GO(MS) NO.89/06/G.EDN. OF THE GOVT. DATED 6.3.2006 EXT.P20(a) TRUE COPY OF THE GO(MS) NO.94/05/G.EDN. OF THE GOVT. DATED 22.3.2005 EXT.P21 TRUE COPY OF THE LETTER NO.34604/A2/06/G.EDN. OF THE GOVT. DATED 27.4.2007 EXT.P22 TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVT. DATED 1.10.2007 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.1383 of 2008 M -------------------------------------- Dated this the 24th day of June, 2008. J U D G M E N T The petitioners were teachers working in Pavandoor Higher Secondary School, Kozhikode District. Their appointments were approved by the District Educational Officer as per Exts.P1 to P7 orders. It is stated that due to the reduction of the student strength in the Pavandoor Higher Secondary School during the academic year 2006-2007, nine divisions were abolished. The petitioners claimed the benefit of protection. The request for the benefit of protection was turned down by the first respondent as per Ext.P21 letter dated 27.4.2007 stating that as per the existing rules the benefit of protection is granted only to those teachers who were appointed in regular vacancies upto 14.7.1997. It is stated therein that those who entered in service after the academic year 1996-1997 are not eligible for the benefit of protection. The petitioners have filed Ext.P22 review petition dated 1.10.2007 before the Government. In Ext.P22 review petition, the prayer is to allow the benefit of protection to the petitioners on the basis of various Government Orders. 2. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.1383/2008 2 “(a) call for the records relating to Exhibit P-21 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (b) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents allowing protection to the Petitioners considering Exhibits P-11, P12, P-13, P-14, P-15, P-16, P-17, P-18, P-19 and P-20 Government Orders. (c) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P-22 after affording an opportunity of being heard to the Petitioner within a time limit. (d) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The learned counsel for the petitioners submits that for the time being, the petitioners are pressing only relief No.(c). WP(C) No.1383/2008 3 In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P22 review petition within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. It is submitted that a notice may be issued to the first petitioner before the disposal of Ext.P22 review petition so that any one or more of the petitioners can appear before the first respondent for hearing. The first respondent shall issue notice to the first petitioner before the disposal of Ext.P22 review petition. If such a notice is received, any one or more of the petitioners would be entitled to appear before the first respondent Government for and on behalf of other petitioners also. The petitioners shall produce a copy of the judgment and a copy of the Writ Petition before the first respondent to facilitate effective disposal of Ext.P22 review petition. It is made clear that I have not considered the merits of the claim put forward by the petitioners. K.T. SANKARAN, JUDGE. cks WP(C) No.1383/2008 4