IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WA.No. 1144 of 2006(E) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29911/2004 Dated 09/09/2005 .................... APPELLANT(S): / PETITIONERS -------------- 1. V. GEEVARGHESE, HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE), MAHATMAJI MEMORIAL HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA, KOLLAM DISTRICT. 2. DEEPA. S., HIGHER SECONDARY SCHOOL TEACHER (BOTANY) MAHATMAJI MEMORIAL HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA, KOLLAM DISTRICT. 3. DILEEP KUMAR. R., HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), MAHATMAJI MEMORIAL HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA, KOLLAM DISTRICT. 4. SARASWATHY M.R., HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), MAHATMAJI MEMORIAL HIGHER SECONDARY SCHOOL, UPPOODU, EAST KALLADA, KOLLAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): / RESPONDENTS --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. WA NO.1144/2006 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. K.S.RAVEENDRAN NAIR, JOINT MANAGER, N.M.H.S.S.UPPOODU, EAST KALLADA, KOLLAM DISTRICT. 4. M.VALSALADEVI, JOINT MANAGER, M.M.H.S.S., UPPOODU, EAST KALLADA, KOLLAM DISTRICT. BY MS.T.B.REMANI, GOVERNMENT PLEADER SRI.M.V.THAMPAN FOR R3 SRI.T.SETHUMADHAVAN FOR R4 SRI.PUSHPARAJAN KODOTH FOR R4 SRI.K.JAYESH MOHANKUMAR FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A. No.1144 of 2006 .................................................................... Dated this the 10th day of June, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed by a few Higher Secondary School Teachers for a direction to the respondents to regularise them in service with effect from their date of appointment, i.e. 27/07/2000 in so far as appellants 2, 3 & 4 are concerned and 03/06/2000 in so far as the 1st appellant is concerned. Even though the learned Single Judge remanded the matter to the 2nd respondent for consideration, the appellants have filed this Writ Appeal for a specific direction to regularise them with effect from the date of joining service. 2. We have heard learned counsel appearing for the appellants as well as learned Government Pleader for respondents 1 & 2 and learned counsel appearing for respondents 3 & 4. 3. The school, where the appellants are working, initially was a UP School until 1986 and in 1987 it became a W.A.No.1144/2006 2 High School, which in turn became a Higher Secondary School with effect from 2000. From the beginning of the academic year 2000-01, the then manager of the School, namely, the 3rd respondent, appointed all the appellants as Higher Secondary School Teachers on the dates mentioned above. However, even though the appellants as well as the 3rd respondent have a case that appointments were by following the procedure prescribed by the Government in Government Orders i.e. through the Committee constituted with the Manager as a member of it, on behalf of the State as well as the 4th respondent, there is objection stating that there was dispute with regard to the Management of the School. The School originally belonged to the father of respondents 3 & 4, who on death of their father started contesting for the management of the School. Even though the 3rd respondent, the son of the deceased Manager, continued as Manager until 2006, the Management later went to the hands of the 4th respondent. The 4th respondent maintained the stand that the appointments of appellants as regular Higher Secondary W.A.No.1144/2006 3 School Teachers were not proper and therefore she initiated a selection process for appointment of teachers and admittedly all the appellants were found eligible and they were appointed as teachers in the Higher Secondary School in the respective subjects with effect from 12/02/2008 for the 1st appellant and 13/02/2008 for the remaining appellants. The appellants' case is that unnecessary fight between two successors of the Manager led to a reappointment under the leadership of the present manager, namely the 4th respondent, which should not affect their regularisation in service with effect from the date of their joining service. The learned Government Pleader contended that unless the appointments were in accordance with the Government Orders, the same cannot be approved. 4. After hearing all sides what we find is that all the appellants, who were appointed by the previous Manager on various dates in June-July 2000, were found to be eligible to be appointed as Teachers by the successor Manager and they were in fact appointed again by the successor Manager. The question to be considered is whether the appellants could be W.A.No.1144/2006 4 denied service benefits for the period they served prior to the 2nd round appointment by the new Manager. Admittedly, appointments of Higher Secondary School Teachers in aided Schools are controlled by Government through Government Orders, which only stipulated that appointments should be through a Committee and not by the Manager personally. In this case, the appellants as well as the 3rd respondent have a case that a Committee was constituted and appointments were made strictly in accordance with the Government Orders. We do not think there is anything to doubt the method of selection because the appellants were found eligible and were appointed by the present Manager, which is admittedly in accordance with the procedure prescribed under the Government Orders. Therefore we do not find any justification to deny service benefits to the appellants from the date of their joining service provided if, from the dates of their appointments, there were vacancies in the subjects in which they were appointed, and they were served as full time teachers in the said subjects since their appointments. This is W.A.No.1144/2006 5 a matter for verification by the 2nd respondent, and if he finds that all the appellants were appointed against regular posts and they have functioned as full time teachers eversince, then their appointments should be regularised with effect from the date of original appointment. 5. This Writ Appeal is disposed of modifying the direction issued by the learned Single Judge in the above lines. The 2nd respondent is directed to pass orders after verifying the facts with reference to records and if necessary after conducting an enquiry within a period of two months from the date of receipt of a copy of this judgment. In view of the direction in this Writ Appeal, direction issued in Ext.P14 judgment has become infructuous and therefore the same need not be complied with. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg