IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 5786 of 2009(P) ------------------------------ PETITIONER: -------------- K.S.SINDHU, WORKING AS H.S.A, S.V.H.S.S, CLAPPANA, RESIDING AT KOOTUMVATHUKAL, VALIYAZHEEKKAL, VALIYAZHEEKKAL P.O., KOLLAM. BY MR.P.B.SURESH KUMAR, ADVOCATE. MR.LEO GEORGE, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. DISTRICT EDUCATIONAL OFFICER, KOLLAM. 5. SRI.JAYACHANDRAN, MANAGER, S.V.H.S.S, CLAPPANA, KOLLAM. BY MR.A.N.RAJAN BABU, ADVOCATE, FOR R5. MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5786/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE MANAGER OF the SCHOOL DTD. 5.6.06. EXT. P2 : COPY OF ORDER PASSED BY R3 DTD. 19.7.05. EXT. P3 : COPY OF ORDER PASSED BY R3 DTD. 3.3.08. EXT. P4 : COPY OF ORDER PASSED BY R2 DTD. 24.1.09. EXT. P5 : COPY OF LETTER ADDRESSED TO SRI.T.ANILKUMAR, ANIL BHAVAN, PRAYAR P.O. DTD. 29.6.09. EXT. P6 : COPY OF ORDER OF DEPUTY DIRECTOR OF EDUCATION, KOLLAM DTD. 16.1.09. 5TH RESPONDENT'S EXHIBITS: EXT. R5(a) : COPY OF JUDGMENT IN O.S. No.354/05 OF MUNSIFF COURT, KARUNAGAPPALLY. EXT. R5(b) : COPY OF JUDGMENT IN APPEAL A.S.No.67/07 BEFORE DISTRICT COURT, KOLLAM. EXT. R5(c) : COPY OF REVISION DTD. 10.2.09 BEFORE R2. EXT. R5(d) : COPY OF ORDER DTD. 3.9.08 BY MANAGER. EXT. R5(e) : COPY OF JUDGMENT IN W.P.(C) No.33871/2005. EXT. R5(f) : COPY OF APPOINTMENT ORDER DTD.1.6.07 ISSUED BY MANAGER SRI. UNNIKRISHNAN. EXT. R5(g) : COPY OF JOINING REPORT REGARDING THE PETITIONER ON 1.6.07 FORWARDED TO THE MANAGER BY HEADMISTRESS. EXT. R5(h) : COPY OF INTERIM STAY AGAINST K.SIDHARTHAN DIRECTING HIM NOT TO MAKE ANY APPOINTMENT IN THE SCHOOL ISSUED ON 5.12.05. EXT. R5(i) : COPY OF STAY ORDER WAS EXTENDED BY ORDER DTD. 15.12.05 TILL 31.1.06. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5786 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The petitioner herein is presently working as High School Assistant in Shanmukha Vilasom Higher Secondary School, Clappana in Kollam District. The main prayer in the writ petition is for a direction to the 4th respondent to approve the appointment of the petitioner as High School Assistant with effect from 05.06.2006 as directed by the 3rd respondent as per Exhibit P3. 2. The relevant facts as pleaded in the writ petition show that the petitioner was appointed as H.S.A on 05.06.2006 in the retirement vacancy of one Bageerathi Amma. It appears that there was a dispute regarding the management of the school between Mr.A.R.Unnikrishnan and Mr.K.Sidharthan. Exhibit P2 is the order by which the District Educational Officer approved Mr.K.Sidharthan as the Manager of the school. There was a civil suit between the claimants for the managership as O.S.No.354/2005 before the Munsiff's Court, Karunagappally. W.P.(C) No.5786/2009 2 3. It appears that the District Educational Officer rejected the grant of approval of appointment of the petitioner whereas by Exhibit P3, in an appeal filed by the petitioner, the Deputy Director of Education directed to grant the approval of appointment. The same was challenged by the 5th respondent in revision before the Director of Public Instruction, which was dismissed as per Exhibit P4. 4. The petitioner has approached this Court as there was delay in taking follow up action by the District Educational Officer. After issuing notice to the parties, this Court passed an interim order on 08.04.2009 in the following terms: “Heard both sides. If as on today, the Government or this Court have not passed orders staying operation of Exts.P3 and P4 orders passed by the Deputy Director of Education, Kollam and the Director of Public Instruction respectively, the District Educational Officer, Kollam shall within three weeks from today issue orders approving the petitioner's appointment as H.S.A (Natural Science), if the appointment is otherwise in order. If the petitioner's appointment is approved, arrears of salary and allowances shall be disbursed within six weeks thereafter”. W.P.(C) No.5786/2009 3 5. Pursuant to the interim order, a Writ Appeal was filed by the 5th respondent as W.A.No.983/2009, which was dismissed. It was clarified that the remedy of the appellant is to file a petition for review or modification. Subsequently, a detailed counter affidavit has been filed by the 5th respondent with a petition to modify the interim order as I.A.No.6016/2009. In between, the District Educational Officer has passed a fresh order approving the appointment dated 23.06.2009 in terms of the interim order passed by this Court. 6. The substantial contentions raised by the 5th respondent in the counter affidavit are that in the light of the orders which were in force at the relevant time, the Manager namely, Mr.K.Sidharthan could not have made the appointment. Reliance is placed on the judgment rendered by the Civil Court also. It is pointed out that by Exhibit R5(c), the 5th respondent has filed a revision petition before the Government challenging the orders Exhibits P3 and P4 which is said to be pending. 7. In that view of the matter and as the orders Exhibits P3 and P4 have been implemented by the District Educational W.P.(C) No.5786/2009 4 Officer, presently, the revision petition has to be disposed of by the Government within a time frame. The said course is agreed to by the parties. Therefore, this writ petition is disposed of directing the first respondent to take a decision on Exhibit R5(c) revision petition filed by the 5th respondent, after hearing the petitioner, 5th respondent or any other interested parties, within a period of three months from the date of receipt of a copy of this judgment. The implementation of the orders namely, Exhibits P3 and P4 by the District Educational Officer as per order dated 23.06.2009 will be subject to the orders to be passed in the revision petition by the Government. It is made clear that the petitioner will be entitled to be paid salary including arrears based on the order of approval granted by the District Educational Officer. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp