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. 30000 of 2011 ---------------------------------- PETITIONERS: --------------------- 1. REJITHA.K.P,HIGH SCHOOL ASSISTANT (NATURAL SCIENCE),KSM,VHSS,EDAVATTOM,KARUVELLIL.P.O., KOLLAM,PIN-691 505. 2. DHANYA.V,HIGH SCHOOL ASSISTANT(HINDI), KSM,VHSS,EDAVATTOM,KARUVELLIL.P.O, KOLLAM,PIN-691 505. 3. SREELEKHA.S,HIGH SCHOOL ASSISTANT (MALAYALAM),KSM,VHSS,EDAVATTOM,KARUVELLIL.P.O, KOLLAM,PIN-691 505. 4. SOUMYA K .PILLAI,HIGH SCHOOL ASSISTANT (ENGLISH),KSM,VHSS,EDAVATTOM,KARUVELLIL.P.O, KOLLAM,PIN-691 505. BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE, ADVS. SRI. PAUL ABRAHAM VAKKANAL, SRI.DIJO SEBASTIAN, SMT. VINEETHA SUSAN THOMAS, SMT.JASMY KATTOOR. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691 001. 3. THE DISTRICT EDUCATIONAL OFFICER, NEAR POLICE STATION,KOTTARAKKARA,PIN-691 506. 4. THE MANAGER,KSM,VHSS,EDAVATTOM, KARUVELLIL.P.O,KOLLAM,PIN-691 505. R1 TO R3 BY GOVT. PLEADER SRI. JOE KALLIATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30000/2011: APPENDIX PETITIONERS' EXHIBITS:- EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DTD. 19/06/2006. EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DTD. 04/06/2007. EXT.P3: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 17/06/2008. EXT.P4: TRUE COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DTD. 02/06/2008. EXT.P5: TRUE COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DTD. 01/06/2009. EXT.P6: TRUE COPY OF THE ORDER FROM THE 3RD RESPONDENT DTD. 14/12/2009. EXT.P6(A): TRUE COPY OF THE APPOINTMENT ORDER WITH APPROVAL DTD. 04/02/2010. EXT.P7: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 05/06/2006. EXT.P8: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 04/06/2007. EXT.P9: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 02/06/2008. EXT.P10: TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD RESPONDENT DTD. 07/07/2008. EXT.P11: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 01/06/2009. EXT.P12: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 04/02/2010. EXT.P13: TRUE COPY OF THE ENDORSEMENT ON APPROVAL DTD. 22/09/2010. EXT.P14: TRUE COPY OF THE APPOINTMENT ORDER WITH ENDORSEMENT OF THE 3RD PETITIONER DTD. 08/08/2007. EXT.P15: TRUE COPY OF THE APPOINTMENT ORDER WITH ENDORSEMENT OF THE 3RD PETITIONER DTD. 24/09/2007. EXT.P16: TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DTD. 03/06/2008. EXT.P17: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 31/07/2008. EXT.P18: TRUE COPY OF THE ORDER NO.B4/17124/08/L.DIS DTD. 30/09/2009. W.P.(C).NO.30000/2011: EXT.P19: TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DTD. 01/06/2009. EXT.P20: TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DTD. 04/02/2010. EXT.P21: TRUE COPY OF THE ENDORSEMENT ON APPROVAL DTD. 19/08/2010. EXT.P22: TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DTD. 13/08/2008. EXT.P23: TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DTD. 01/06/2009. EXT.P24: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 30/11/2009. EXT.P25: TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DTD.04/02/2010 . EXT.P26: TRUE COPY OF THE ENDORSEMENT ON APPROVAL DTD. 19/08/2010. EXT.P27: TRUE COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT OF THE IST PETITIONER DTD. 04/10/11. EXT.P28: TRUE COPY OF THE CONSOLIDATED STAF FIXATION ORDER DTD. 03/08/2010. EXT.P29: TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED TO THE 3RD PETITIONER DTD. 21/05/2011. EXT.P30: TRUE COPY OF THE REPLY GIVEN TO THE SHOW-CAUSE NOTICE OF THE 3RD RESPONDENT DTD. NIL. EXT.P31: TRUE COPY OF THE COMMON REPRESENTATION GIVEN TO THE 2ND RESPONDENT DTD. 22/10/2011. EXT.P32: TRUE COPY OF THE GOVERNMENT ORDER(P)NO.199/2011/G.EDN DTD. 01/10/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30000/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2011 J U D G M E N T The petitioners are working as High School Assistants in different subjects in the school managed by the fourth respondent. The grievance mainly raised by the petitioners is that the appointments have been made against sanctioned posts and they are yet to be approved from the date of their appointments. 2. They are claiming approval in the light of various orders passed by the Management. 3. Ext.P18 is an order passed in an appeal filed by the Manager before the Deputy Director of Education. Mainly, it is pointed out therein that the Manager has to appoint at least one protected teacher in the school. The petitioners have produced various other documents also in support of their plea that the appointments were liable to be approved. Exts.P27 is a representation filed by the first petitioner before the Hon'ble Chief Minister of the State. Ext.P32 is a W.P.(C). No.30000/2011 -:2:- Government Order, namely, G.O.(P).No.199/2011/G.Edn., dated 01/10/2011 for implementation of a package. 4. Actually, the remedy of the petitioners is to file a statutory revision under Rule 92 of Chapter XIV A Kerala Education Rules. It is also submitted by the learned Senior Counsel for the petitioners that the Manager did not challenge Ext.P18 either in an appeal or in a revision petition. Therefore, if the petitioners file a revision petition before the Government under Rule 92 of Chapter XIV A K.E.R along with a copy of this Judgment within two weeks from today, the same will be entertained and will be considered on merits after hearing the petitioner/s and the Manager within a further period of three months. The writ petition is disposed of as above. No costs. The petitioners will also produce a copy of the writ petition along with the revision petition before the respondent concerned for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms