IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 15461 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------- 1. ELIZA.V, W/O.JAYACHANDRAN, AGED 44 YEARS, U.P.S.A, CFHS,KOTTIYAM, RESIDING AT JNJ COTTAGE, VELLIMON (W) P.O.KOLLAM 691 511. 2. RITA JOLLY R, W/O.JOHNSON CYRIL,AGED 44 YEARS, UPSA, CFHS,KOTTIYAM,RESIDING AT FORTUNES, KILIKOLLOOR PO, KOLLAM-4. BY ADVS. SMT.REKHA VASUDEVAN, SMT.ANSU COTTAGIRI VARGHESE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DISTRICT EDUCATION OFFICER,KOLLAM. 5. THE CORPORATE MANAGER, OFFICE OF THE CORPORATE MANAGER OF CATHOLIC SCHOOLS, BISHOPS HOUSE, KOLLAM 691 007. R1 TO R4 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15461/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER NO.1643/2008/EDN. DTD. 30/06/2008 ISSUED BY THE 5TH RESPONDENT ALONG WITH ORDER NO.B3.5307/08/K.DIS. DTD. 22/11/2008 ISSUED BY RESPONDENT NO.4. P2: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD. 6/04/2009 IN WPC.NO.2563/2009 AND CONNECTED CASES. P3: COPY OF THE APPOINTMENT ORDER NO.1643/2008/EDN. DTD. 1/06/2009 ISSUED BY THE 5TH RESPONDENT. P4: COPY OF THE APPOINTMENT ORDER NO.1643/2008/EDN. DTD. 21/11/2009 ISSUED BY THE 5TH RESPONDENT. P5: COPY OF ORDER NO.B3/4010/09/K.DIS. DTD. 18/02/2010 ISSUED BY THE 4TH RESPONDENT. P6: COPY OF THE APPEAL DTD. 5/04/2010 PREFERRED BY THE 5TH RESPONDENT. P7: COPY OF THE LETTER NO.E.T.(1) 78153/D.P.I./K.DIS. DTD. 4/12/2009 ISSUED BY THE 2ND RESPONDENT. P8: COPY OF THE APPEAL DTD. 23/04/2010 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. P9: COPY OF THE APPOINTMENT ORDER NO.1644/2008/EDN. DTD. 30/06/2008 ISSUED BY 5TH RESPONDENT ALONGWITH ORDER NO.B3/5308/K.DIS. DTD. 22/11/2008 ISSUED BY 4TH RESPONDENT. P10: COPY OF THE APPOINTMENT ORDER NO.1644/2009/EDN. DTD. 1/06/2009 ISSUED BY THE 5TH RESPONDENT. P11: COPY OF THE APPOINTMENT ORDER NO.1644/2008/EDN.DTD. 21/11/2009 ISSUED BY THE 5TH RESPONDENT. P12: COPY OF THE ORDER NO.B2/5043/09/L.DIS. DTD. 23/01/2010 ISSUED BY THE 4TH RESPONDENT. P13: COPY OF THE APPEAL DTD. 23/04/2010 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. Kss ..2/- ..2.... WPC.NO.15461/2010 G P14: COPY OF THE APPOINTMENT ORDER NO.1643/2008/EDN. DTD. 1/12/2010 ISSUED BY THE 5TH RESPONDENT. P15: COPY OF THE G.O.(P) NO.56/11/G.EDN. DTD. 26/02/2011 ISSUED BY 1ST RESPONDENT. P16: COPY OF THE LETTER NO.B3/2592/11/K.DIS. DTD. 18/04/2011 ISSUED BY THE 4TH RESPONDENT. P17: COPY OF THE LETTER NO.B3/2535/11/K.DIS. DTD. 29/04/2011 ISSUED BY THE 4TH RESPONDENT. P18: COPY OF THE APPOINTMENT ORDER NO.1644/2008/EDN. DTD. 1/06/2011 ISSUED BY THE 5TH RESPONDENT. P19: COPY OF THE LETTER NO.28453/L2/11/G.EDN. DTD. 20/06/2011 ISSUED BY THE 1ST RESPONDENT. P20: COPY OF THE LETTER NO.28458/L2/11/G.EDN. DTD. 20/06/2011 ISSUED BY THE 1ST RESPONDENT. P21: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC.NO.31639 OF 2009 AND CONNECTED CASES DTD. 28/07/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15461/2010-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2011 J U D G M E N T The petitioners herein are awaiting approval of their appointments on a regular basis. 2. They rely upon the decision of a Division Bench of this Court in Unni Narayanan v. State of Kerala [2009 (2) KLT 604]. 3. The relevant facts show that the first petitioner was appointed by Ext.P1 order dated 30/06/2008. Therein the approval is granted on daily wage basis from 30/06/2008 to 31/03/2009. This appointment was in a leave without allowance vacancy of one Smt.Coleen Peters, Upper Primary School Assistant beyond one academic year. 4. Ext.P9 is the appointment order as far as the second petitioner is concerned. It is also approved from 30/06/2008 to 31/03/2009. Learned Government Pleader submitted that against the decision of the Division Bench in Unni Narayanan's case (supra), Special Leave Petition is pending before the Apex Court. W.P.(C). No.15461/2010 -:2:- 5. In this context, the learned counsel for the petitioner relied upon the decision of this Court in W.P.(C).No.31639/2009 and connected cases produced as Ext.P21. The Judgment therein is dated 28/07/2010. This Court after noticing that Special Leave Petition is pending from the Judgment in Unni Narayanan's case [2009 (2) KLT 604], was of the view that the petitioners therein are also entitled for the benefit of the Judgment in Unni Narayanan's case (supra). Reliance was placed on the decision of this Court in Abdu Rahiman v. District Collector, Malappuram [2009 (4) KLT 485]. Therefore, the apparent view taken is that the decision in the Unni Narayanan's case [supra] is a binding one and will have to be implemented as the operation of the Judgment is not stayed, even though Special Leave Petition is pending. The said Judgment has become final. Since the petitioners are similarly placed, their case is also covered by the same. 6. The petitioners have been appointed in later vacancies, by Exts.P3 and P4 orders as far as the first petitioner is concerned and, Exts.P10 and P11 as far as W.P.(C). No.15461/2010 -:3:- the second petitioner is concerned. Exts.P5 and P12 orders have been passed rejecting the appointments as the petitioners are over aged and as far as the first petitioner is concerned, it is also stated that she is not a claimant under Rule 51A of Chapter XIV A Kerala Education Rules. 7. The learned counsel for the petitioners points out that if the petitioners are granted approval from the date of their initial appointments then they will be Rule 51A claimants and will be entitled for continuance in service and for preference for appointment in the subsequent vacancies. 8. Heard the learned Government Pleader for respondents 1 to 4. 9. Evidently, the issue is covered in favour of the petitioners by the decision of the Division Bench in Unni Narayanan's case [2009 (2) KLT 604]. The first spell of appointments in respect of both the petitioners are beyond one academic year. In that view of the matter, the restriction made in Exts.P1 and P9 that the appointments can be approved only on daily wage basis cannot be supported and orders are quashed to that W.P.(C). No.15461/2010 -:4:- extent. The grant of approval of appointments of the petitioners on a regular basis will be considered in the light of the declaration of law made by this Court in Unni Narayanan's case (supra) which will be subject to further orders to be passed by the Apex Court in the Special Leave Petition pending in the said case. 10. Later, Exts.P5 and P12 orders have been passed in the light of the conditional approval granted with regard to the first spell of appointments and once those appointments are approved, the eligibility for approval of the subsequent appointments will have to be considered by the competent authorities. In that view of the matter, Exts.P5 and P12 will also stand quashed. Appropriate orders will be passed by the fourth respondent with notice to the petitioners and the Manager within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is allowed to that extent. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms