IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 26543 of 2010(P) -------------------------------- PETITIONER: -------------- BETTY JOSE, AGED 41 YEARS, S/O.GEORGE CHACKO, PART-TIME L.G.HINDI TEACHER, ST.GEORGE TEACHERS' TRAINING INSTITUTE VAZHAKKULAM, MUVATTUPUZHA - 686 670. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA- 685 584. 4. THE ASSISTANT EDUCATIONAL OFFICER THODUPUZHA, IDUKKI DISTRICT- 685 584. 5. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, KOTHAMANGALAM - 686 691. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.26543/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.K.DIS.3305/04/C OF Assistant Educational Officer DTD. 20.9.04. EXT. P2 : COPY OF ORDER No.F4/81814/08/K.DIS. OF R2 DTD. 11.12.08. EXT. P3 : COPY OF ORDER No.60256/E1/09/G.EDN OF GOVT. DTD. 22.6.10. EXT. P4 : COPY OF G.O.(Rt) 3776/06/G.EDN OF GOVT. DTD. 24.8.06. EXT. P5 : COPY OF JUDGMENT OF this COURT IN WP9C) 2563/08-E DTD. 24.9.08. EXT. P6 : COPY OF - DO- IN WP(C) 8039/08F DTD. 1.6.09. EXT. P7 : COPY OF LETTER No.A-4323/10 OF Assistant Educational Officer DTD. 18.8.10. EXT. P8 : COPY OF LETTER No.G7/11032/10/L.DIS OF DEPUTY DIRECTOR DTD. 16.8.10. EXT. P9 : COPY OF JUDGMENT OF THIS COURT IN O.P.7847/83-A DTD. 7.11.86. EXT. P10 : COPY OF JUDGMENT OF this COURT IN W.A.770/87 DTD. 24.10.87. EXT. P11 : COPY OF DECISION REPORTED IN 2009(3) KLT 863 DTD. 29.06.09. EXT. P12 : COPY OF JUDGMENT OF THIS COURT IN W.A.183/10 DTD. 21.7.10. EXT. P13 : COPY OF ORDER IN SLP(C) 36558/10 OF THE HON'BLE SUPREME COURT DTD. 21.7.10. EXT. P14 : COPY OF JUDGMENT OF this COURT IN WP(C) 29151/09 DTD. 4.6.10. WP(C).No.26543/2010 EXT. P15 : COPY OF LETTER No.B5/8515/11 OF DEPUTY DIRECTOR DTD. 8.7.11. EXT. P16 : COPY OF DECISION REPORTED IN 2011(3) KLT 790 DTD. 4.8.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.26543 OF 2010 --------------------------------------- Dated this the 30th day of November, 2011. J U D G M E N T The petitioner herein who is appointed as part time L.G.Hindi Teacher is aggrieved by the rejection of approval of his appointment. The main objection raised is that the vacancy will have to be filled up by a protected hand. 2. The case of the petitioner is that the petitioner is a claimant under Rule 51A of Chapter XIV-A of Kerala Education Rules. In paragraph 1 of the writ petition, the petitioner has given the details of appointments on earlier occasions which show that the appointment from 11.10.1999 to 14.12.1999 in the St. Mary's UPS, Nediyassala was approved. A later appointment in St.Thomas UPS, Nedukeri from 01.06.2005 to 04.06.2006 also has been approved. Evidently, the petitioner is a claimant under Rule 51A of Chapter XIV-A K.E.R. 3. Learned counsel for the petitioner invited my attention to Ext.P7 a communication from the office of the Assistant W.P.(C) No.26543/2010 2 Educational Officer, Thodupuzha stating that as on 11.06.2003, no protected hand under the part time Hindi category was available and Ext.P8 communication issued by the Deputy Director of Education also confirms the same. Apart from the same, the claim of the petitioner, being a protected hand, under Rule 51A, cannot be objected on the plea that a protected hand ought to have been appointed. 4. The legal position as above has been declared by this Court in a similar matter in W.P.(C) No.3689/2011 wherein this Court has taken the view that a claimant under Rule 51A cannot be denied appointment by relying upon the executive orders with regard to the absorption of protected hands. Apart from the fact that the petitioner is a Rule 51A claimant, herein it is evident that no protected hand was available. For all these reasons, the writ petition is allowed. The impugned orders Exts.P1 to P3 are quashed. There will be a direction to the 4th respondent to approve the appointment of the petitioner as part time L.G. Hindi Teacher from 11.06.2003 to 31.05.2005 and disburse the salary and allowances within a W.P.(C) No.26543/2010 3 period of two months 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