IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 18510 of 2003(C) ---------- ----------------------------- PETITIONER(S): ------------------------ J.FRANCIS S/O. T.V.JOSEPH, AGED 44 YEARS PEON, KALLUVATHUKKAL PANCHAYAT HIGH SCHOOL, P.O. KALLUVATHUKKAL, KOLLAM BY MR.KRB.KAIMAL, SENIOR ADVOCATE RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARYTO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT 4. THE MANAGER (GRAMA PANCHAYAT SECRETARY) KALLUVATHUKKAL PANCHAYAT HIGH SCHOOL, KALLUVATHUKKAL.P.O., KOLLAM 5. SMT, G.HYMAVATHY, LOWER GRADE HINDI TEACHER, KALLUVATHUKKAL PANCHAYAT HIGH SCHOOL, P.O. KALLUVATHUKKAL, KOLLAM. 6. SMT. R.SATHI AMMA, HIGH SCHOOL ASSISTANT (HINDI) KALLUVATHUKKAL PANCHAYAT HIGH SCHOOL, P.O.KALLUVATHUKKAL, KOLLAM. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI R4 BY ADVS. MR.PIRAPPANCODE V.SREEDHARAN NAIR, MR.S.P.ARAVINDAKSHAN PILLAY, MR.PIRAPPANCODE V.S.SUDHIR. R5 BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.4310/2003 IN WP(C) NO.18510/2003 CLOSED 06/11/2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GOVT. LETTER NO.59579/J1/89/G.EDN. OF THE GOVERNMENT DTD. 22.9.1989. P2:- COPY OF THE APPOINTMENT ORDER AND THE APPROVAL THEREOF THE PETITIOENR DTD. 4.8.99. P3:- COPY OF THE CERTIFICATE OF DIPLOMA EXAM. IN HINDI TEACHING. DTD. 18.8.99. P4:- COPY OF THE JUDGMENT IN OP. NO.26204/1999 DTD. 10.7.2000. P5:- COPY OF THE ORDER NO.B3.21501/2000/K.DIS. OF THE 2ND RESPONDENT DTD. 13.11.2000. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT DTD. 9.10.2000. P7:- COPY OF THE G.O.(RT) NO.2382/2001/G.EDN. OF THE GOVERNMENT DTD. 18.6.01. P8:- COPY OF THE ORDER NO.A1-333/2001 OF THE 4TH RESPONDENT. DTD. 26.6.01. P9:- COPY OF THE ORDER NO.B4/25806/2001 OF THE 2ND RESPONDENT DTD. 20.9.01. P10:- COPY OF THE INTERIM ORDER IN CMP.NO.28902/2002 IN OP. 31962/2001 DTD. 26.6.02. P11:- COPY OF THE PROCEEDINS ORDER NO. A1-327/99 (VOL,2) OF THE 4TH RESPONDENT. DTD. 17.5.03. P12:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. 19209/2001 DTD. 9.12.03. P13:- COPY OF THE ORDER DTD. 16.2.03 ISSUED BY THE 4TH RESPONDENT. P14:- COPY OF THE GOVT. ORDER G.O.(RT) NO.4626/07/G.EDN. DTD. 8.10.07. TRUE COPY P.S. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18510/2003-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of November, 2009 J U D G M E N T The petitioner herein had been seeking implementation of the orders granting benefit of appointment to the post of H.S.A with effect from 01/04/1999. 2. The petitioner had been working as Peon in the Kalluvathukkal Panchayat High School from 04/03/1993 on valid approval. He had acquired S.S.L.C qualification before joining the service as Peon. Later on he acquired the qualification of Sahityacharya in Hindi and, the Diploma in Hindi Teaching which is an alternative qualification prescribed in Rule 2(2)(b)(iv)A of Chapter XXXI of K.E.R for appointment as H.S.A (Hindi). The qualification in Sahityacharya with S.S.L.C is sufficient qualification for appointment as a Hindi Teacher in U.P. Classes. 3. The vacancy of H.S.A (Hindi) arose in the school from 01/04/1999 due to the retirement of one Smt.P.Indiramma, H.S.A on 31/03/1999. 4. In tune with Note (1) of Rule 1 of Chapter XIV A K.E.R the petitioner claimed appointment in the vacancy. The fifth respondent had taken leave for joining Diploma course in Hindi Teaching during the academic year 1999- W.P.(C). No.18510/2003 -:2:- 2000. In the said leave vacancy, the petitioner was appointed as Hindi Teacher which was approved, going by Ext.P2. 5. It is the case of the petitioner that even though the petitioner was qualified, the fourth respondent had appointed 5 persons during different spells. It is in these circumstances, the petitioner filed O.P.No.26204/1999 which was disposed of by Ext.P4 judgment. Ext.P5 is the order by which claim of the petitioner was upheld by the second respondent. This was challenged by the fifth respondent in an appeal and ultimately, the matter was heard by the Government and Ext.P7 order was passed. Thereafter, the petitioner was appointed as per Ext.P8. But, in the meanwhile, the fifth respondent challenged Ext.P7 in O.P.No.19209/2001. The Manager appointed the sixth respondent also in a vacancy of H.S.A (Hindi) during the academic year 2000-2001. The sixth respondent retired from service on 31/03/2002. Thereafter, the fifth respondent by C.M.P No.28902/2002 in O.P.No.31962/2002 sought for a direction to the Manager to consider her claim in the said vacancy. Ext.P10 is the copy of the said interim order. The fourth respondent in the meanwhile passed Ext.P11 order approving the appointment of the fifth respondent as H.S.A W.P.(C). No.18510/2003 -:3:- (Hindi) in the retirement vacancy which arose in 2002. This is under challenge in this writ petition. 6. Meanwhile, O.P.No.19209/2001 which was filed by the fifth respondent was dismissed as per Ext.P12 Judgment dated 09/12/2003. Thereafter, the petitioner was promoted as H.S.A on 16/02/2004 as per Ext.P13. Ext.P14 is the order passed by the Government whereby it was ordered that the fifth respondent who had actually worked as H.S.A (Hindi) will be deemed to have worked in the post of L.G. Hindi Teacher which is admissible as detailed in the order. Accordingly, it was directed that:- A) The period from 01/01/2003 to 01/06/2003 will be treated as eligible leave. B) The period from 02/06/2003 to 16/02/2004, the petitioner actually worked as H.S.A (Hindi) will be deemed to have worked in the post of L.G.Hindi Teacher and salary paid. C) The period of absence from 17/02/2004 to the date of joining at the new station on 25/02/2004 as L.G Hindi Teacher will be treated as eligible leave. 7. The fifth respondent has not challenged Ext.P14 in any writ petition. What remains therefore, is the claim for W.P.(C). No.18510/2003 -:4:- the benefits of appointment of the petitioner as ordered in Ext.P7. 8. In the light of the above, and in the light of the Judgment Ext.P12, the petitioner is entitled for the benefits of Ext.P7 order. Accordingly, the writ petition is allowed. It is declared that the petitioner will be entitled for the benefits granted as per Ext.P7 and there will be a direction to the respondent Nos.3 and 4 to see that the said order is implemented and benefits are granted to the petitioner. Appropriate action will be finalised within a period of three months. No costs. (T.R. Ramachandran Nair, Judge.) ms