IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 5959 of 2009(L) ------------------------- PETITIONERS: ------------------- 1. MANAGER, NALLUR EAST A.U.P SCHOOL, PERUMUGHAM, FEROKE, KOZHIKODE - 673 631. 2. V.R. MAYA, FORMER UPSA, NALLUR EAST AUP SCHOOL, DERUMGHAM, FEROKE, KOZHIKODE - 673 631. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.A.HAROON RASHEED RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE - 673 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, ALONG WITH WPC NO. 6025 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.5959/09 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF GO(RT)NO.5110/05/GE DT.27.10.05 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE ORDER OF APPOINTMENT WITH APPROVAL DT.26.3.07 VIDE NO.K.DIS.C.3687/06 ISSUED BY THE 4TH RESPONDENT. EXT.P3 : COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT ON 27.4.07. EXT.P4 : COPY OF THE COMMUNICATION NO.L.DIS.C./2122/07 DT.21.6.07 ISSUED BY THE 4TH RESPONDENT. EXT.P5 : COPY OF THE ORDER NO.3485/07/B2. DATED 18.2.08 ISSUED BY THE 3RD RESPONDENT. EXT.P6 : COPY OF THE REVISION PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 11.6.08. EXT.P7 : COPY OF THE ORDER NO.1803/08/C DT.30.10.08 ISSUED BY THE 4TH RESPONDENT. EXT.P8 : COPY OF THE ORDER NO.G3/77037/08/DPI/K.DIS. DT.22.1.09 ISSUED BY THE 2ND RESPONDENT. EXT.P9 : COPY OF GO(RT)NO.3098/10/G.EDN. DT.16.7.10 ISSUED BY THE 1ST RESPONDENT. EXT.P10 : COPY OF THE GO(P)NO.56/11/G.EDN. DT.26.2.11 ISSUED BY THE 1ST RESPONDENT. EXT.P11 : COPY OF THE JUDGMENT DT.12.4.11 IN W.P.(C)NO.37212/10 OF THIS COURT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos. 5959 & 6025 Of 2009 -------------------------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 J U D G M E N T In W.P.(C)No.5959/09, the petitioners are the Manager as well as a teacher who was working as UPSA. In W.P.(C) No.6025/09 the Manager and another teacher working as LPSA in the same school are the petitioners. 2. The petitioners are aggrieved by the orders by which approval of appointments have been granted, but limited as per the conditions provided in the impugned orders. 3. The petitioners have produced the recent Government Order dated 26.2.2011 as G.O.(P)No.56/2011/G.Edn. whereby the Government has relaxed the conditions provided in G.O.(P) No.169/04/G.Edn. dated 15.6.2004 and G.O(P)No.104/08/G.Edn. dated 10.6.2008 as Exhibit P8 in I.A.No.8287/11 in W.P.(C) No.6025/09 and Exhibit P10 in W.P.(C)No.5959/09. 4. The learned counsel for the petitioner therefore prayed that the Government may be directed to consider the matter afresh in the light of the Government Order dated 26.2.2011. W.P.(C)Nos.5959 & 6025/09 -2- The petitioners also rely upon the judgment in W.P.(C) No.37212/2010, wherein this Court directed the Government to consider the claim of another petitioner in the light of the said Government Order. 5. I am not finally pronouncing anything on the merits of the matter. It is upto the Government to consider the matter in the light of the above Government Order. On the petitioners producing the said Government Order along with a representation, appropriate orders will be passed by the Government within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioners. The representation will be considered untrammeled by the orders already issued by the Government. The Writ Petitions are disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn