IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 20502 of 2008(N) ----------------------------------------- PETITIONER(S): ------------------------ SHEEJA NANDAN S.V., AGED 35, W/O.J.ANILKUMAR, ANUGRAHA, KAYILA, MYLODE P.O., KOLLAM DISTRICT. BY ADVS. SRI.P.JAYAKUMAR, SRI.V.N.MOHANADASAN. RESPONDENT(S): --------------------------- 1. CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM, KAKKANADU P.O. 5. DEPUTY DIRECTOR, EDUCATION, COLLECTORATE, KAKKANAD P.O., ERNAKULAM. 6. THE MANAGER, PANCHAYAT U.P.SCHOOL, VELLARAMKALLU AND SECRETARY, KALLOORKKADU GRAMA PANCHAYATH, KALLOORKKADU, MUVATTUPUZHA. Kss ..2/- ..2.... WPC.NO.20502/2008 N *ADDL.R7 & R8 IMPLEADED: R7. DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. R8. ASSISTANT EDUCATIONAL OFFICER, KALLOORKKADU. (*ADDL.R7 & R8 ARE IMPLEADED IN WPC NO.20502/2008 AS PER ORDER DTD. 18/02/2009 IN I.A.NO.2213/09) R1,R2, R5, R7 & R8 BY GOVERNMENT PLEADER SRI.P.M.MANOJ R3 & R4 BY ADV. SRI. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010 ALONG WITH WPC NO. 29198 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20502/2008 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGE OF NOTIFICATION. P2: COPY OF THE COMMUNICATION DTD. 25/10/2006 BY P.S.C. P3: COPY OF THE MEMO DTD. 5/06/2008. P4: COPY OF THE ORDER DTD. 17/06/2008 OF THE MANAGER PANCHAYATH U.P.SCHOOL, VELLARAMKALLU. P5: COPY OF THE REQUEST DTD. 30/06/2008 BY THE PETITIONER. P6: COPY OF THE RANK LIST ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. P7: COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR, P.S.C., ERNAKULAM. P8: COPY OF THE JUDGMENT IN WP(C) NO.5010 OF 2005 ILR 2007 (4). P9: COPY OF THE ORDER OF THE ASST.EDUCATIONAL OFFICER DTD. 1/12/2008. P10: COPY OF THE GOVERNMENT CIRCULAR DTD. 18/05/2007. P11: COPY OF THE REPRESENTATION DTD. 5/12/2008 TO THE 4TH RESPONDENT. P12: COPY OF THE ORDER DTD. 2/01/2010 BY THE GOVERNMENT OF KERALA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) Nos. 20502 of 2008 & 29198 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2010 J U D G M E N T Common issues posted for consideration in these writ petitions and therefore, these writ petitions are heard together and are being disposed of jointly by this judgment. 2. The petitioner in WP(C)20502/08 was included in the rank list dated 31.12.2006 published by the Kerala Public Service Commission for appointment to the post of Upper Primary School Assistant(Malayalam Medium) in the department of Education in Ernakulam District. The petitioner in the latter writ petition was a rank holder in Ext.P1 rank list published by the Public Service Commission for selection to the post of Lower Primary School Assistant(Malayalam Medium) in the Department of Education in Ernakulam District. Based on their ranks in the said rank list they were advised for appointment in Panchayath schools. Subsequently, both the petitioners were issued with orders of appointment and consequently they joined in the respective Panchayath Schools to which they were posted. In the case of the petitioner in WPC29198/08, she joined duty on WPC Nos.20502/2008 &29198/2008 2 11.7.2008 in Panchayath L.P. School, Vellaramkallu. The petitioner in the former writ petition viz., WP(C) No. 20502/2008requested for extension of joining time and ultimately joined in the service of Panchayath U.P.School, Vellaramkallu on 30.7.2008. The order of the appointment in respect of the petitioner in WPC 20502/08 was declined to be approved as per Ext.P9. The appointment of the petitioner in WPC 29198/08 was approved as LPSA with effect from 11.7.2008 as per order dated 27.09.2008. However, as per Ext.P5 order dated 1.12.2008 holding that the earlier order of approval was not in order the same was temporarily withheld till the receipt of appropriate orders from the Director of Public Instructions. In short, the petitioners who were appointed from duly drawn PSC ranked lists and were given appointment in Panchayath Schools without granting them any option, are facing the present solely on account of the action on the part of the appointing authority in granting them in Panchayath Schools from the respective PSC rank list. These writ petitions are filed in the aforesaid circumstances. 3. Though several grounds are raised by the petitioner to WPC Nos.20502/2008 &29198/2008 3 assail the action on the part of the petitioners in appointing them in Panchayath Schools from the aforementioned PSC ranked lists even without obtaining their consent or giving them a right of option the learned counsel for the petitioners submitted that the legality of aforesaid action need not gone into at this stage in view of the G.O.(MS)No.2/2010 Gen.Edn. dated 2.1.2010. It is submitted that as per the said order, the concerned Panchayath Schools are also taken over by the Government and therefore, in terms of Ext.P12 being teachers appointed from PSC ranked lists, the appointment of the petitioners have to be regularised. In both these cases, this court issued interim orders directing for the disbursement of salary to the petitioners and on the strength of the said interim orders, the petitioners are drawing their salary. In view of the subsequent developments as explained above these writ petitions is disposed of with the following directions: The first respondent shall consider the claims of the petitioners for regularisation of their appointments in tune with Ext.P12 Government Order dated 2.1.2010 expeditiously, at any rate, within a period of 3 months from the date of receipt of a WPC Nos.20502/2008 &29198/2008 4 copy of this judgment. The interim orders already passed in these writ petitions to pay salary to the petitioners will continue to be force till such orders are passed by the first respondent. In case, any further grievance persists even after such consideration based on Ext.P12, it will be open to the petitioners to resort to appropriate proceedings in accordance with law. These writ petitions are disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge