IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16916 of 2011(L) --------------------------------------- PETITIONER(S): ------------------------ MARY JOHN, W/O.REV ALEXANDER CHERIYAN CSI PARSONAGE, KUMBHANADU, PATHANAMTHITTA (ASSISTANT TEACHER, CSI VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION@ GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM .695 001. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA THIRUVALLA. 689 101. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA .689 101. 5. THE MANAGER, CSI VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF THIRUVALLA 689 101. R1 TO R4 BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16916/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER DATED 17/7/2001 ISSUED BY RESPONDENT NO.5. P2 COPY OF THE ORDER DATED 13/9/2003 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. P3 COPY OF THE APPOINTMENT ORDER DATED 3/9/2002 P4 COPY OF THE APPOINTMENT ORDER DATED 2/6/2003. P5 COPY OF THE APPOINTMENT ORDER DATED 22/12/2004. P6 COPY OF THE APPOINTMENT ORDER DATED 15/10/2004. P7 COPY OF THE APPOINTMENT ORDER DATED 23/2/2005. P8 COPY OF THE APPOINTMENT ORDER DATED 21/8/2007. P9 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 29/10/2002. P10 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 15/3/2004. P11 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 31/5/2005. P12 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 23/4/2005. P13 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 9/6/2005. P14 COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 3/11/2007. P15 COPY OF THE JUDGMENT DATED 17/2/2011 PASSED BY THIS HON'BLE COURT IN WP(C)22765/2007 (I) P16 COPY OF THE REPRESENTATION DATED 4/10/2010 SUBMITTED BY RESPONDENT NO.5 BEFORE THE HON.MINISTER FOR EDUCATION. P17 COPY OF THE REVISION PETITION DATED 15/5/11 SUBMITTED BY THE PETITION BEFORE RESPONDENT NO.5. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16916/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner herein is working as Assistant Teacher in C.S.I Vocational Higher Secondary School for the Deaf, Thiruvalla. She was appointed as such, initially, in a short term leave vacancy from 19/01/2000 to 02/03/2001. The second spell of appointment was for the period from 17/07/2001 to 24/10/2001. Ext.P1 is the appointment order concerning the second spell of appointment. The approval of the same was rejected by the District Educational Officer mainly on the ground that she did not possess the prescribed Special Training qualification for the post of Assistant Teacher in the Special Schools. A copy of the said order is produced as Ext.P2. The petitioner was appointed during different periods, details of which have been stated in paragraph (3) of the writ petition and copies of the appointment orders have been produced as Exts.P3 to P8. It is pointed out that the petitioner is even now continuing. W.P.(C). No.16916/2011 -:2:- 2. The petitioner further points out that her case is similar to one Smt.Manju Achamma George who is also a teacher of the same school in whose favour by Ext.P4 Judgment this Court issued various directions with regard to the grant of approval. 3. The sole question is whether it is essential to have the special training qualification to a person like the petitioner who was appointed in the scale of pay of Rs.235-395 (pre-revised) which going by the subsequent revisions of pay has reached the scale of Rs.4000-6090. 4. It is pointed out that the Manager has already moved the Government by filing Ext.P16 representation and the same is still pending as File No.48449/R2/10/G.Edn., before the Government. Ext.P17 is the revision petition filed by the petitioner in that regard. 5. The learned counsel for the petitioner pointed out that the findings in Ext.P15 Judgment squarely apply as far as the petitioner's case is also concerned. It is upto the Government to take a decision in terms of the law laid down by this Court W.P.(C). No.16916/2011 -:3:- and there will be a direction to the first respondent to take a decision on Exts.P16 and Ext.P17 after hearing the petitioner and the Manager within a period of four months from the date of receipt of a copy of this Judgment. It is pointed out that the petitioner is not getting salary but is continuing in service. Status quo as regards the petitioner will continue till orders are passed. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms