IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30744 of 2010(P) PETITIONER: 1. PRASEETHA.P,D/O.KRISHNA KURUP, KRISHNALAYAM,KOROTH ROAD-POST,AZHIYOOR, KOZHIKODE DISTRICT.PIN-673309. 2. PRAJISH MANJILADATHIL, S/O.GOPALAN NAMBIAR,MANJALADATHIL HOUSE, P.O-MUTHUVADATHORE,VIA.-PURAMERI, KOZHIKODE-DISTRICT, PIN-673503. 3. JAYASOORYA.C,S/O.RAGHAVAN.C, THAZHE NAPPALLI,CHOMBALA-POST, KOZHIKODE DISTRICT, PIN-673308. 4. SUNEER.T.K,S/O.ABDURAHIMAN, THURASERI KADAVATH HOUSE,KIZHOOR-POST, PAYYOLI-VIA,KOZHIKODE, PIN-673522. 5. SHAJU AYATT,S/O.ANDI,ONJIYAM-POST, CHOMBALA-VIA,KOZHIKODE DISTRICT,PIN-673308. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: 1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT GENERAL EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM.PIN-695001. 2. DIRECTOR,HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,SANTHI NAGAR, THIRUVANANTHAPURAM.PIN-695001. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE, PIN: 675 001. 4. THE MANAGER,MANIYOOR PANCHAYATH H.S. SCHOOL, (SECRETARY,MANIYOOR GRAMA PANCHAYATH), PO-PALAYAD NADA,VATAKARA.KOZHIKODE-DISTRICT. PIN-673 530. 5. THE PRINCIPAL,MANIYOOR PANCHAYATH.H.S. SCHOOL, AND SECRETARY,MANIYOOR GRAMA PANCHAYATH, PO-PALAYAD NADA,VATAKARA.KOZHIKODE-DISTRICT. PIN-673530. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30744 OF 2010 P ------------------------------------------------------ Dated this the 7th day of October, 2010 JUDGMENT The petitioners were working as Higher Secondary School Teachers in Maniyoor Panchayath Higher Secondary School. It is stated that the petitioners have the required qualification for being appointed as HSSTs. Petitioners 1 and 2 are working in the School since 2004, while the other petitioners from 2005-06. It is stated that the Managing Committee of the Panchayat assured that the services of the petitioners would be regularized and, on that assurance, the petitioners were working on daily wage basis. Subsequently, the Panchayat Schools were taken over by the Government as per G.O. (MS) No.2/2010/G.Edn. dated 2.1.2010. As per Ext.P6 G.O.(MS) No.68/2010/G.Edn. dated 26.4.2010, instructions were issued to report the vacancies in the erstwhile Panchayath School to the Public Service Commission. 2. The grievance of the petitioners is that their services were not regularized even after the School was taken over by the W.P.(C) NO.30744 OF 2010 :: 2 :: Government. It is pointed out that in similar circumstances, the services of similarly placed persons were regularized by the Government as per Ext.P4 order dated 31.1.2009 and Ext.P5 order dated 21.11.2009. The second petitioner submitted Ext.P7 representation to the Government praying to regularize the appointment of Higher Secondary School Teachers who were appointed in Local Self Government Institutions during 2004-05 and 2005-06. In Ext.P7, names of the other petitioners are also mentioned. It is submitted by the learned counsel for the petitioners that the second petitioner has submitted Ext.P7 representation on behalf of the other petitioners as well. 3. The reliefs prayed for in the Writ Petition are the following: “a) Issue a writ of mandamus and direct respondents 1 to 4 to regularize the service of the petitioners as HSST under the 4th respondent school. b) Declare that the petitioners are entitled to regularize in service as HSST under the 4th respondent management considering the facts. c) Direct the 1st respondent to consider and dispose of Exhibit P-7 representation considering the W.P.(C) NO.30744 OF 2010 :: 3 :: stand taken by the government in Exhibit p-5 order. d) Direct the 3rd and 4th respondents, not to make any appointments in the present available vacancies in the higher secondary school under the 4th respondent before appointing the petitioners. e) Issue such other writ or directions which this Hon'ble Court deem fit to pass in the circumstance of the case.” 4. It is submitted by the learned counsel for the petitioners that, for the time being, it is sufficient if relief (c) is granted, reserving all the contentions of the petitioners. The request is just and reasonable. 5. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P7 representation, as expeditiously as possible and, at any rate, within three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the second petitioner. Anyone of the other petitioners also would be entitled to appear before the first W.P.(C) NO.30744 OF 2010 :: 4 :: respondent on receipt of notice by the second petitioner. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. It is submitted by the learned counsel for the petitioners that if HSSTs are appointed in the School, either by promotion or otherwise, pending consideration of Ext.P7 representation, the petitioners would be put to great prejudice and hardship. The petitioners would be entitled to bring this fact to the notice of the first respondent, in which event, I am sure that appropriate safeguards would be taken in the matter by the first respondent. (K.T.SANKARAN) Judge ahz/