IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 9150 of 2010(P) ------------------------- PETITIONER(S): --------------- K.S.VIJAYALAKSHMI, H.S.A.(HINDI) MULAMANA HIGH SCHOOL, ANAKUDY P.O., VAMANAPURAM, THIRUVANANTHAPURAM RESIDING AT K.N.P.BHAVAN, NEAR ELECTRICAL SECTION OFFICE, KADAKKAVUR P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 5. THE MANAGER, MULAMANA HIGH SCHOOL, ANAKUDY P.O., VAMANAPURAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 9150/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE APPOINTMENT ORDER DATED 14.6.2004 ISSUED BY THE FIFTH RESPONDENT. EXT.P2: COPY OF THE CHANGE OF STAFF STATEMENT DATED 14.6.2004 PREPARED BY THE FIFTH RESPONDENT. EXT.P3: COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE PRINCIPAL OF THE FIFTH RESPONDENT SCHOOL. EXT.P4: COPY OF THE ORDER NO.B3/5734/04/K.DIS DATED 1.10.2004 ISSUED BY THE FOURTH RESPONDENT. EXT.P5: COPY OF THE ORDER NO.B4-29821/2004/K.DIS ISSUED BY THE THIRD RESPONDENT DATED 30.5.2005. EXT.P6: COPY OF THE REVIEW PETITION DATED 23.6.2005 SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE SECOND RESPONDENT. EXT.P7: COPY OF THE G.O.(RT) NO.2199/2007/G.EDN. DATED 21.5.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P8: COPY OF THE G.O.NO.3426/2009/G.EDN. DATED 12.8.2009 ISSUED BY THE FIRST RESPONDENT. EXT.P9: COPY OF G.O.(P) NO.169/04/G.EDN. DATED 15.6.2004 ISSUED BY THE FIRST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.9150 of 2010 --------------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioner was appointed as HSA (Hindi) for the period from 14.6.2004 to 30.9.2004 in the leave vacancy of Remadevi Amma, HSA (Hindi). The District Educational Officer rejected the proposal for approval of appointment. The appeals preferred by the Manager were dismissed by the Deputy Director of Education and the Director of Public Instruction and also by the Government. Remadevi extended her leave up to 30.10.2004 and she applied for voluntary retirement with effect from 1.11.2004. The voluntary retirement was sanctioned and thus there arose a permanent vacancy of HSA (Hindi) in the school with effect from 1.11.2004. 2. Meanwhile, the petitioner filed Writ Petition No.34234 of 2006 which was disposed of on 21.12.2006 directing the Government take a decision in the matter and to grant the benefit of G.O.(P) No.46/06/G.Edn. dated 1.2.2006. The Government passed G.O.(Rt.)No. W.P.(C) No.9150 of 2010 2 2199/2007/G.Edn. dated 21.5.2007 and rejected the representation submitted by the petitioner. It would appear that the petitioner filed W.P.(C) No.24561 of 2007 challenging the order passed by the Government. The petitioner submitted another representation dated 15.1.2009 before the Government. That representation was considered by the Government and it was disposed of as per G.O.(Rt) No.3426/2009/G. Edn. dated 12.8.2009 rejecting the request made by the petitioner to approve the appointment. The approval was rejected on the ground that the Manager did not appoint a protected teacher, the school being a newly opened/upgraded school. 3. W.P.(C) No.24561 of 2007 filed by the petitioner was disposed of along with W.P.(C) Nos.22114 of 2009 filed by the Manager and 24599 of 2007 filed by one Jimmishan. The Government Order dated 12.8.2009, which is challenged in this Writ Petition marking the same as Ext.P8, was produced as Ext.R1(a) in the three Writ Petitions mentioned earlier. After considering all the aspects, this Court directed the Government to consider the matter afresh in the light of certain other Government Orders. W.P.(C) No.9150 of 2010 3 4. In view of the judgment in W.P.(C) No.24651 of 2007 directing the Government to consider the entire issue, it is only proper that the said direction is implemented. Ext. P8 order passed by the Government subsequent to the order impugned in W.P.(C) No.24651 of 2007 should not stand in the way of the Government disposing of the matter afresh in the light of the directions contained in the judgment dated 5th August, 2010 in W.P.(C) No.24651 of 2007. To that extent, it is made clear that Ext.P8 order dated 12.8.2009 need not be considered as a bar for the Government in considering the entire issue afresh. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl