IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 9826 of 2009(W) ------------------------------- PETITIONER: -------------- K.GIREESH KUMAR, AGED 34 YEARS, S/O.KRISHNAN NAIR, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), S.S.M.V.HIGHER SECONDARY SCHOOL EDAKKAZHIYOOR CHAVAKKAD, THRISSUR DISTRICT. BY MR.K.E.HAMZA, ADVOCATE. MR.T.V.VIJAYARAJAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, S.S.M.VOCATIONAL HIGHER SECONDARY SCHOOL, EDAKKAZHIYOOR, CHAVAKKAD, THRISSUR DISTRICT. BY MS. T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.9826/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF APPOINTMENT OF THE PETITIONER DTD. 21.8.03. EXT. P2 : COPY OF G.O.(MS) No.275/99/G.EDN. OF GOVT. DTD. 9.11.99. EXT. P3 : COPY OF ORDER No.7479/03/B3/L.DIS OF DISTRICT EDUCATIONAL OFFICER DTD. 25.1.05. EXT. P4 : COPY OF ORDER No.B4/4724/05/K.DIS OF DEPUTY DIRECTOR OF EDUCATION DTD. 11.7.05. EXT. P5 : COPY OF LETTER No.148/A1/06/G.EDN. OF GOVT. DTD. 8.3.07. EXT. P6 : COPY OF G.O. (Rt) No.4088/2008/G.EDN. OF GOVT. DTD. 8.9.08. EXT. P7 : COPY OF ORDER No.B3/7100/04 OF DISTRICT EDUCATIONAL OFFICER DTD. 20.8.04. EXT. P8 : COPY OF G.O.(Rt) No.1087/07/G.E. OF GOVT. DTD. 12.3.07. EXT. P9 : COPY OF G.O. (Rt) No.3960/2007/G.EDN OF GOVT. DTD. 23.8.07. EXT. P10 : COPY OF G.O. (Rt) No.1205/07/G.EDN. OF GOVT. DTD. 17.3.07. EXT. P11 : COPY OF DECISION REPORTED IN 1993(2) K.L.T. SHORT NOTES PAGE 27 CASE No.28 DATED 2.8.93. EXT. P12 : COPY OF G.O.(Ms) No.132/09/G.EDN. OF GOVT. DTD. 17.6.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.9826 OF 2009 --------------------------------------- Dated this the 19th day of August, 2009. J U D G M E N T The petitioner is a claimant under Rule 51-A of Chapter XIV-A Kerala Education Rules. The petitioner was continuing in a leave vacancy from 29.09.1997 to 31.03.1999 and 01.06.1998 to 09.09.2003 which, according to the petitioner, have been approved. A regular vacancy arose on 21.08.2003 and the Manager shifted the petitioner against the said vacancy as per Exhibit P1. 2. The approval was declined on the ground that there is no vacancy to provide the petitioner. Exhibit P3 is the said order. Exhibit P4 is the order passed in appeal and Exhibit P5 is the order passed in revision, and the review petition was also dismissed by the Government as per Exhibit P6. These orders are under challenge in this writ petition. Exhibit P7 is the order W.P.(C) No.9826/2009 2 passed by the District Educational Officer sanctioning a total number of 37 posts of High School Assistants in the school, during the academic year 2003-2004. 3. Presently, the petitioner is relying upon Exhibit P12 Government Order dated 17.06.2009. The order provides for approval of Rule 51-A claimants who were appointed prior to 16.11.2002 in respect of H.S.A core subjects and in respect of vacancies which arose after 16.11.2002. It is submitted by the learned counsel for the petitioner that the District Educational Officer may be directed to reconsider the matter in the light of Exhibit P12. 4. The petitioner is also relying upon similar orders Exhibits P8, P9 and P10 passed by the Government in respect of other teachers in different schools whereby, according to the petitioner, approval have been granted, and the submission is that the petitioner alone is being singled out. Therefore, the impugned orders Exhibits P3 to P6 are quashed. There will be a direction to the 4th respondent to W.P.(C) No.9826/2009 3 reconsider the matter in terms of Exhibit P12 Government Order dated 17.06.2009. Appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp