IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 17607 of 2010(A) -------------------------- PETITIONER(S): --------------- PREETHA T, D/O.P.NARARYANAN KUTTY MENON, PERUMBILAVIL HOUSE, THRITHALA, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD DISTRICT. 3. THE MANAGER A.M.L.P. SCHOOL, CHERUPOOR THRITHALA, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17607/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTICE DATED 5.10.2004 ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P2: COPY OF JUDGMENT DATED 11.7.2008 IN WP(C) NO.17729/2005 PASSED BY THIS HON'BLE COURT. EXT.P3: COPY OF LAWYER NOTICE DATED 20.12.2008 ISSUED ON BEHALF OF THE PETITIONER TO RESPONDENTS 2 AND 3. EXT.P4: COPY OF LETTER DATED 30.12.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P5: COPY OF GO(P) NO.169/04/G.EDN. DATED 15.6.2004 ISSUED BY GENERAL EDUCATION (J) DEPARTMENT, GOVT. OF KERALA. EXT.P6: COPY OF ORDER NO.L.DIS C-1923/02 DATED 23.3.2004 ISSUED BY THE SECOND RESPONDENT. EXT.P7: COPY OF ORDER NO.L.DIS. C-3306/02 DATED 23.3.2004 ISSUED BY THE SECOND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.17607 of 2010 --------------------------------------------- Dated this the 7th day of October, 2010 JUDGMENT The petitioner worked as LPSA in the third respondent AMLP School, Cherippur for the period from 13.6.2002 to 14.8.2002 and from 28.8.2002 to 2.11.2002 in leave vacancies. The appointments were not approved by the Assistant Educational Officer, Thrithala and the proposals were rejected as per Exts.P6 and P7 order dated 23.3.2004. The approval was rejected on the basis of G.O.(P) No.259/03/Gen. Edn. dated 24.9.2003. 2. Thereafter, the Government issued G.O.(P) No.169/04/G.Edn. dated 15.6.2004 whereby all the appointments made against leave vacancies after 29.10.2001 in aided schools were directed to be approved, if otherwise eligible as per the provisions of KER. 3. In this Writ Petition, the petitioner challenges Exts.P6 and P7 orders. It would appear that the petitioner was under the erroneous impression that her appointments were approved. WPC No. 17607/2010 2 She raised a grievance that her salary was not paid on the ground that the third respondent did not forward the necessary papers for disbursement of salary. A lawyer notice was issued by the petitioner to the third respondent and thereafter, Writ Petition No.17729 of 2005 was filed. As per Ext.P2 judgment dated 11th July, 2008 in Writ Petition No.17729 of 2005, the Manager was directed to forward the papers to the Assistant Educational Officer for the purpose of disbursement of salary to the petitioner. As per Ext.P4 communication dated 30.12.2008 issued by the Assistant Educational Officer, in reply to Ext.P3 lawyer notice sent on behalf of the petitioner, the petitioner was informed that the appointments were rejected by the Assistant Educational Officer as per the order dated 23.3.2004. It is stated that on receipt of Ext.P4, the petitioner got copies of Exts.P6 and P7 dated 23.3.2004. 4. Since the very basis for not approving the appointments of the petitioner was the existence of G.O.(P) No.259/03/G. Edn. dated 24.9.2003. Subsequently, the Government issued G.O.(P) No.169/04/G.Edn. dated 15.6.2004, after modifying G.O.(P) No.259/03/G.Edn dated 24.9.2003. Since WPC No. 17607/2010 3 as per the G.O. dated 15.6.2004, there is no bar in approving the appointments made against leave vacancies after 29.10.2001, I am of the view that Exts.P6 and P7 orders are liable to be quashed facilitating the Assistant Educational Officer to consider the matter afresh taking into account G.O.(P) No.169/04/Gen.Edn. dated 15.6.2004 and other binding Government Orders, if any. The third respondent Manager shall forward the necessary papers to the Assistant Educational Officer within a period of one month. On receipt of such records, the Assistant Educational Officer shall dispose of the matter within a period of one month thereafter. The petitioner shall produce the certified copy of the judgment and a copy of the Writ Petition before the Assistant Educational Officer. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl