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. 31590 of 2007(I) -------------------------- PETITIONER(S): --------------- 1. SEENA K.C., TEACHER, ANANDASRAMOM UPPER PRIMARY SCHOOL, CHANGANACHERRY SUB DISTRICT, KOTTAYAM. 2. ANJANA T., TEACHER, ANANDASRAMOM UPPER PRIMARY SCHOOL, CHANGANACHERRY SUB DISTRICT, KOTTAYAM. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.ANOOP (MULAVANA) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. GENERAL MANAGER, CORPORATE MANAGEMENT OF S.N.D.P., YOGAM SCHOOLS, KOLLAM. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31590/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPOINTMENT ORDER WITH THE ENDORSEMENT OF THE APPROVAL MADE by the ASSISTANT EDUCATIONAL OFFICER. P2 : COPY OF THE APPOINTMENT ORDER WITH THE ENDORSEMENT OF THE APPROVAL BY THE ASSISTANT EDUCATIONAL OFFICER. P3 : COPY OF THE APPOINTMENT ORDER WITH THE ENDORSEMENT OF THE APPROVAL BY ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY FOR THE PERIOD FROM 14/09/2004 TO 31/03/2005. P4 : COPY OF THE APPROVAL ORDER NO.B4/1853/06/L.DIS. DATED 07/03/2006 BY THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. P5 : COPY OF THE G.O.(RT.) NO.3172/07/G.EDN. DATED 11/07/2007. P6 : COPY OF THE CHALAN RECEIPT FOR THE REMITTANCE OF A SUM OF RS.80,960/- MADE by the 1ST PETITIONER ON 16/08/2007. P7 : COPY OF THE CHALAN RECEIPT FOR THE REMITTANCE OF A SUM OF RS.54,548/- MADE BY THE 2ND PETITIONER ON 17/08/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. -------------------------- W.P.(C) No.31590 OF 2007 ------------------------------------- Dated this the 20th day of November 2008 J U D G M E N T The petitioners are working as LPSA and UPSA under the 3rd respondent school, a corporate educational agency. Initially, by Exts.P1 order of appointment the 1st petitioner was appointed as LPSA from 01/12/2004 to 31/03/2005, and thereafter was again appointed with effect from 01/06/2005 by Ext.P2. The 2nd petitioner was appointed as UPSA from 18/07/2004 to 14/10/2003, 19/11/2003 to 25/01/2004 and 14/09/2004 to 31/03/2005. Thereafter she was again appointed with effect from 01/08/2005. Their appointments for the broken periods were approved by the AEO and salary was paid, but however, according to the petitioners, their appointments with effect from 01/06/2005 and 01/08/2005 were not approved, and finally approval was granted only by Ext.P5. 2. Ext.P5 shows that the approval was granted with W.P.(C) No.31590/2007 -2- effect from 01/02/2006. This was for the reason that the school being a newly opened / upgraded one during 1979- 90, had the obligation to fill up the vacancies by protected teachers, and that by Government order dated 01/02/2006, it was ordered that at least one appointment should be made. It was, taking note of the appointment made, by giving the benefit of the aforesaid Government Order, which came into force with effect from 01/02/2006, approval was granted with effect from 01/02/2006, as per Ext.P5. 3. It is stated that the petitioners had refunded the salary received for the period prior to 01/02/2006. Obviously, the approval being only with effect from 01/02/2006, I do not find any irregularity on the action taken by the respondents. If that be so, the prayer in the writ petition for quashing Exts.P6 & P7 cannot be granted and directions sought for, for repaying the salary refunded by them also cannot be granted. 4. However, I leave it open to the petitioners to W.P.(C) No.31590/2007 -3- pursue the claim for wages for the period they have worked before the statutory authorities, in which event, the authorities will consider the claim in accordance with law. The writ petition is dismissed. (ANTONY DOMINIC, JUDGE) jg