IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 OP.No. 30257 of 2001(B) ----------------------- PETITIONER: --------------- S. SHALI, W/O. JAMES PATRIC SEWING TEACHER ST. MARY'S L.P. SCHOOL, SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SMT.RENI JAMES SMT.K.G.SAROJINI SMT.THARA THAMBAN RESPONDENTS: ------------------- 1. ASSISTANT EDUCATIONAL OFFICER, SASTHAMCOTTA, KOLLAM. 2. DEPUTY DIRECTOR (EDUCATION) KOLLAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON 27/02/2008 DELIVERED THE FOLLOWING: OP.No. 30257 of 2001 ORDER ON C.M.P.NO.49257 OF 2001 IN O.P.NO.30257 OF 2001 DISMISSED. 27.2.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF APPOINTMENT ORDER DT 5.12.98 ISSUED BY THE MANAGER. EXT.P2: COPY OF APPOINTMENT ORDER DT. 1.6.1989 ISSUED BY THE MANAGER. EXT.P3: COPY OF PROPOSAL SENT BY THE MANAGER TO R1. EXT.P4: COPY OF REPRESENTTION DTD. 18.6.2000 SUBMITTED BY THE PETITIONER BEFORE R4. EXT.P5: COPY OF G.O.(RT) NO.2732/91/G.EDN. DT. 11.2.91. EXT.P6: COPY OF G.O.(RT) NO.1451/91/G.EDN. DT. 4.5.91. EXT.P7: COPY OF G.O.(RT)3631/98/G.EDN. DT. 18.9.1998. EXT.P8: COPY OF G.O.(RT)3976/99/G.EDN. DT 20.8.1999. EXT.P9: COPY OF G.O.(RT) N0. 2043/2000/G.EDN. DTD 22.5.2000. EXT.P10: COPY OF JUDGMENT DTD 3.8.2000 IN O.P.NO.21980/2000-N OF THE HON'BLE HIGH COURT OF KERALA. EXT.P11: COPY OF G.O.(RT) NO.4591/2000/G.EDN. DATED 13.11.2000. EXT.P12: COPY OF CIRCULAR NO.78932/J1/88/G.EDN. DATED 17.12.88 ISSUED BY R4. EXT.P13: COPY OF REVIEW PETITION DTD 12.1.2002 FILED BY THE PETITIONER BEFORE R4. EXT.P14: COPY OF LETTER NO.C/1650/01 DATED 9.7.2001 ISSUED BY R4. EXT.P15: COPY OF LETTER NO.34516/K3/01/G.EDN. DATED 17.8.2001 ISSUED BY THE GOVERNMENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 30257 OF 2001 ---------------------------------------- Dated this the 27th day of February, 2008 JUDGMENT The petitioner was appointed as a Sewing Teacher in the St. Mary’s L.P. School, Sasthamcotta on 5.12.1988 which was not approved. Again the Manager appointed the petitioner with effect from 1.6.1989. That was also not approved. This appointment was in a vacancy as a result of retirement of the previous incumbent with effect from 31.3.1986. The said appointment was also not approved on the ground that on the retirement of the previous incumbent the post stands abolished and therefore there is no post to which the petitioner could be accommodated. The petitioner in an earlier round of litigation before this Court did not succeed. Thereafter by Ext.P11 order, the Government again rejected the petitioner’s claim for approval. Later on, the Supreme Court held that in such cases the post would not stand abolished on the retirement of the previous incumbent but the post would continue. O.P.NO.30257/2001 2 2. The petitioner filed this original petition seeking benefit of that judgment, based on which a Division Bench of this Court held that the post would continue despite the retirement of the incumbent. In view of the Supreme Court decision, Rule 2 of Chapter XXIII of Kerala Education Rules was amended to the effect that no posts of Specialist Teacher shall be allowed to continue in any Lower Primary School or Lower Primary Section of Upper Primary or High school except for the continuance of the qualified teachers, who were actually holding the said post on the sixth day of March, 1979. The Division Bench of this Court also upheld the validity of the amendment. In view of the above legal position, I do not think that the petitioner can sustain a claim for approval of her appointment made on 1.6.1989. Accordingly the original petition is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.NO.30257/2001 3