IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 1340 of 2007(H) ------------------------- PETITIONER(S): --------------- 1. BINCY VARGHESE, AGED 25 YEARS, W/O.BASIL T.J., CHAVARINGAKUDIYIL HOUSE, KARUKADOM P.O., KOTHAMANGALAM, NOW WORKING AS HSA (MATHS) TEACHER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 2. JERIN JACOB. P., AGED 23 YEARS, W/O.ELDHOSE, PANACKAL HOUSE, PUTHENPETTA BAZAR, KUNNAMKULAM, NOW WORKING AS HSA (S.S) TEACHER FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 3. USHA M.S., AGED 34 YEARS, W/O.T.G. UNNIKRISHNAN, MUTHIYERIL HOUSE, N. MAZHUVANNOOR P.O., NOW WORKING AS HSA (HINDI) TEACHER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 4. SMITHA. T., AGED 26 YEARS, W/O.BOBAN, THEKKUMKATTIL HOUSE, SANTHANPARA P.O., IDUKKI DISTRICT, NOW WORKING AS UPSA TEACHER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 5. MILCY K.P., AGED 25 YEARS, W/O.GIBI, KUNNAPPILLY HOUSE, ASAMANNOOR P.O., NOW WORKING AS UPSA FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 6. JEENA. T.S., W/O.ELIAS, THACHITHALAYIL HOUSE, MAMMALASSERY P.O., NOW WORKING AS HSA (MALAYALAM) TEACHER FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. 7. REMYA KURIAKOSE, AGED 22 YEARS, D/O. K.M. KURIAKOSE, KEELACHIRANGARA HOUSE, THRIKKARIYOOR P.O., KOTHAMANGALAM, NOW WORKING AS HSA (ENGLISH) TEACHER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 4. FR.JOSEH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY REPRESENTED BY ITS MANAGER. 5. HEADMASTER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY REPRESENTED BY ITS MANAGER. 6. K.A. SOSAMMA, TEACHER IN CHARGE, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPADY. ADV. SRI.ELDHOSE ELIAS FOR R5 SRI.S.RAMESH BABU FOR R4 SRI.K.JAJU BABU FOR R6 GOVERNMENT PLEADER FOR R.3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT DISMISSED AS WITHDRAWN WITHOUT PREJUDICE TO THE CONTENTIONS. 20.11.2008. Sd/-ANTONY DOMINIC, JUDGE. // true copy // P.A to Judge. K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1340 OF 2007 H -------------------------------------- Dated this the 12th January, 2007 ORDER The interim relief sought is to direct respondents 4 and 5 not to disturb the continuous service of the petitioners as teachers in the Fr. Joseph Memorial Higher Secondary School, Puthupady and also not to prevent the petitioners from signing the Attendance Register newly maintained by fifth respondent after his appointment as Headmaster pursuant to Ext.P6. 2. I heard Shri Peeyus A. Kottam, learned counsel appearing for the petitioners, Shri Eldose Elias purporting to appear for respondents 4 and 5, Shri B. Krishnamani, who sought to appear for fourth respondent represented by Shri Prasad P. Varghese, and also the learned Government Pleader. 3. Case of the petitioners, in brief, is as follows: Exts.P1(a) to P1(g) are the appointment orders issued to petitioners 1 to 7 by fourth respondent. Petitioners 1 to 6 were appointed on 5.6.2006 and the 7th petitioner was appointed on WP(C) 1340/07 H 2 17.7.2006. Several litigations are pending between Shri Prasad P. Varghese and Dr. P.V. Joseph, for the post of Manager of the School. Ext.P4 dated 8.12.2006 is the proceedings of the DEO as per which Dr. P.V. Joseph has been approved as Manager. Ext.P4 was challenged in W.P.(C) No.632/07. By Ext.P5 interim order, this Court directed to keep Ext.P4 in abeyance till 8.1.2007. During the short time, by Ext.P6 dated 23.12.2006, the new Manager appointed another person, Shri P.T. Poulose as the Headmaster of the School. Still, the petitioners are taking classes, but the Headmaster is not allowing them to sign the Attendance Register. Exts.P7(a) to P7(g) are the representations submitted by petitioners 1 to 7 before third respondent. 4. Learned counsel for petitioners would submit that the petitioners were appointed vide Exts.P1(a) to P1(g), and that the orders of appointment were passed by the approved Manager. He would rely on Rule 9 of Chapter XIV A KER, which provides that the appointment orders shall not be affected by any change in the Educational Agency or the Manager. He would WP(C) 1340/07 H 3 submit that under Rule 8 of Chapter XIV A KER, a decision on the question whether approval is to be granted, is to be taken within a period of thirty days. 5. Shri Eldose Elias would submit that pursuant to the order passed by the Additional Director of Public Instruction in appeal, the DEO passed Ext.P4 order and Dr. P.V. Joseph assumed charge. Thereafter, finding certain discrepancies, he made a request to the DEO to withdraw the orders of appointment of the petitioners. He would, therefore, submit that the petitioners do not have any legal right as claimed. He would point out that this is a case where the appointments of the petitioners have not been approved. While he did not dispute the fact that the Government in revision filed by Shri Prasad P. Varghese, passed an order of stay on 23.12.2006, he would submit that actually the revision petitioner had suppressed the fact that the DEO had already approved the appointment of Dr. Joseph as Manager. It is pointed out that the Revision Petition is not filed against the order of the DEO. He would even submit WP(C) 1340/07 H 4 that steps have been taken by Dr. P.V. Joseph to engage teachers on guest arrangement. He would further submit that names of the petitioners are not there in the new Attendance Register which is prepared as per the direction of the DEO. Shri B. Krishnamani would submit that as far as Shri Prasad P. Varghese is concerned, he is not obstructing the teachers. 6. A perusal of Exts.P1(a) to P1(g) would show that petitioners 1 to 6 were appointed on 5.6.2006 while the seventh petitioner was appointed by order dated 17.7.2006. A decision as to approval has to be taken within thirty days of receipt of the documents. There is no dispute that the petitioners were appointed by a person who was the approved Manager. Under Rule 9 of Chapter XIV A KER, changes in management cannot affect orders of appointment already made. There is no case that the term of the posts have come to an end. The order of the Director of Public Instruction stands stayed by Order dated 23.12.2006. No doubt, Dr. P.V. Joseph has a case that he withdrew the orders of appointment. But, as already found, the WP(C) 1340/07 H 5 appellate order of the Addl. DPI on the basis of which Ext.P4 is passed itself is stayed. Learned counsel for petitioners reiterates that the petitioners are still working, but they are not being permitted to sign the Attendance Register by the fifth respondent who is appointed as Headmaster by Dr. P.V. Joseph. In such circumstances, I feel that in the interest of justice, there should be an interim order directing the fifth respondent not to prevent the petitioners from signing the Attendance Register maintained in the School. Accordingly, there will be a direction to the fifth respondent not to prevent the petitioners from signing the Attendance Register maintained in the School, for a period of two weeks. H/O. to both sides. K. M. JOSEPH, JUDGE kbk. WP(C) 1340/07 H 6