IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 10198 of 2005(L) -------------------------- PETITIONER(S): --------------- STELLA ANTO ALOOR, W/O.B.F.THOMAS, AGED 52 YEARS, UPPER PRIMARY SCHOOL ASSISTANT ST. MARY'S U.P.SCHOOL LOURDES, EAST FORT, THRISSUR-5. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR. 3. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST. 4. THE CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF THRISSUR, CATHOLIC ARCH BISHOP'S HOUSE, THRISSUR. 5. THE HEADMASTER, ST. MARY'S U.P.SCHOOL LOURDES, EAST FORT, THRISSUR-5. ADV. SRI.K.A.MANZOOR ALI FOR R4 SRI.K.A.MANZOOR ALI FOR R5 SMT.T.B.REMANI, GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10198/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPYT OF THE ORDER OF APPOINTMENT OF SMT.LILLY. P2 : COPY OF THE ORDER NO.L.DIS102/92 OF THE HEADMASTER OF ST.THOMAS HIGH SCHOOL, MAYANNUR. P3 : COPY OF the LETTER OF RELINQUISHMENT OF SMT.V.J.RUBEENA. P4 : COPY OF the ORDER NO.15800/A1/95/G.EDN. OF THE GOVERNMENT. P5 : COPY OF THE REPRESENTATION OF THE MANAGER. P6 : COPY OF the ORDER NO.B4/6522/96/L.DIS. OF THE 2ND RESPONDENT. P7 : COPY OF THE REVISION PETIITON OF THE MANAGER. P8 : COPY OF the REPRESENTATION OF THE MANAGER. P9 : COPY OF THE --DO-- --DO-- P10 : COPY OF the LETTER NO.57301/A1/2004/GL. EDN. OF the GOVERNMENT. P11 : COPY OF THE OPTION FOR SENIOR GRADE SUBMITTED BY THE PETITIONER. P12 : COPY OF the STATEMENT OF FIXATION OF PAY AND THE ORDER OF THE 3RD RESPONDENT. P13 : COPY OF THE G.O.(P) NO.483/95/(46)FIN. OF THE GOVERNMENT. P14 : COPY OF the G.O.(Ms.) NO.348/98/G.EDN. OF THE GOVERNMENT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10198 of 2005 --------------------------------- Dated, this the 6th day of November, 2008 J U D G M E N T The petitioner joined service as a UPSA in the school of which 4th respondent is the Corporate Educational Agency and the 5th respondent is the Headmaster. Initially, she had served as UPSA from 06/09/1985 till 08/11/1985. This was followed by her continuous service with effect from 05/06/1986. While continuing so, a leave vacancy of an HSA (Social Science) arose and the petitioner was promoted to that vacancy, for the period from 17/06/1992 to 04/09/1992. Subsequently, on termination of the leave, the petitioner was reverted and is now continuing as UPSA. It is stated that the approval of the period of her service as HSA has been rejected by the DEO by Ext.P6, and that was confirmed by the Government in Ext.P10. 2. As a result of these impugned orders, her service during the period when she worked as HSA is not counted for WP(C) No.10198/2005 -2- grade purposes and salary as HSA is not paid, and it is with these grievances the writ petition is filed. 3. In so far as the leave vacancy is concerned, Ext.P1 is the order appointing the teacher, who availed of leave, which also shows that the appointment has been approved. Ext.P2 is the order sanctioning maternity leave to the teacher concerned, and Ext.P3 is the communication of the senior claimant relinquishing her claim to the appointment as HSA in the leave vacancy. The petitioner submits that, initially, when the DEO declined to approve the appointment of the petitioner, the Manager moved the Government and the Government issued Ext.P4, leaving it open to the Manager to move the District Educational Officer, as and when the appointment of the teacher who availed of leave is approved, and her leave sanctioned, and with the details of relinquishment of senior claimants. It is stated that these conditions are satisfied as per Exts.P1 to P3, and with that, by Ext.P5, the Manager moved before the DEO. It is on Ext.P5, the DEO passed Ext.P6 order, to the WP(C) No.10198/2005 -3- effect that since the Government have not issued any specific directions to approve the appointment of the petitioner, he is not in a position to concede to the request. It was against this order, that the Manager moved the Government, as per Exts.P7 to P9. This resulted in Ext.P10 order passed by the Government. That order says that the request was rejected for the reason that the HSA's appointment was not approved and the details of relinquishment by the senior claimant was not submitted. The petitioner submits that, factually, these findings are incorrect. 4. As is seen from Ext.P4, the Manager was given the freedom to move the District Educational Officer on satisfying the three conditions mentioned therein. Those conditions are satisfied, as is seen from Ext.P1 to P3. It is despite that, the DEO took the stand that in the absence of any specific Government directions, he could not approve the appointment. This stand is seen confirmed by Ext.P10. 5. In the light of Ext.P1 to P3, the stand taken by the WP(C) No.10198/2005 -4- DEO and the Government in Exts.P6 and P10 orders cannot be sustained. Now that Exts.P1 to P3 are there and since the genuineness of those orders is not in dispute, I am satisfied that the conditions specified by the Government in Ext.P4 have been satisfied, and therefore, the rejection by Exts.P6 and it's confirmation by Ext.P10 cannot be sustained. Accordingly, Exts.P6 and P10 will stand set aside. The DEO shall re-consider Ext.P5 submitted by the Manager of the School, in the light of Exts.P1 to P3, and pass appropriate orders thereon. Once orders are passed as above, orders shall be passed on Exts.P11 and P12 also in the light of Exts.P13 and P14. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, with notice to the petitioner and 4th respondent. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg