IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 5512 of 2009(H) -------------------------------------- PETITIONER(S): ------------------------ DANISH RAPHEL.K., PEON, B.E.M HIGH SCHOOL, KASARAGODE. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE CORPORATE MANAGER, ALL C.S.I SCHOOLS IN MALABAR & WAYNAD, BANK ROAD, CALICUT. 2. ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, CALICUT. 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. REEJA HENDREENA, PART TIME HINDI TEACHER C.M.S.U.P.SCHOOL, NEDUMKARANA, VYTHIRI, WAYANAD DISTRICT. 5. ASSISTANT EDUCATIONAL OFFICER, VYTHIRI, WAYANAD DISTRICT. 6. DISTRICT EDUCATIONAL OFFICER, TIRUR. R1 & R4 BY ADVS. SRI.V.A.MUHAMME, SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. R2, R3, R5 & R6 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5512/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 3.7.07 OF IST RESPONDENT. P2:- COPY OF THE ORDER DT. 17.10.07 OF IST RESPONDENT. P3:- COPY OF THE ORDER DT. 31.12.07 OF 2ND RESPONDENT. P4:- COPY OF THE ORDER DTD. 31.3.06 OF 6TH RESPONDENT. P5:- COPY OF THE ORDER DTD. 20.9.08 OF 2ND RESPONDENT. P6:- COPY OF THE WRITTEN SUBMISSION DTD. 9.1.09 OF THE PETITIONER. P7:- COPY OF THE WRITTEN SUBMISSION DTD. 9.1.09 OF THE PETITIONER. P8:- COPY OF THE ORDER DT. 3.2.09 OF 3RD RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE PROCEEDINGS ORDER NO.CM/DS/2006-07/PT-106 OF THE MANAGER DTD. 20.6.06. R4(b):- COPY OF THE JOINT REPORT DTD. 22.6.06. R4(c):- COPY OF THE ORDER NO.G3/78452/07/DPI/K.DIS OF THE DIRECTOR DTD. 30.11.07. R4(d):- COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL ORDER DT. 22.6.06/31/12/07. R4(c):- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 21895/08. DTD. 14.8.08. R4(f):- COPY OF THE PROCEEDINGS ORDER NO.C/1396/08 OF THE ASST. EDUCATIONAL OFFICER 20.9.2008. R4(g):- COPY OF THE ACQUITTANCE ROLL DT. NIL. R4(h):- COPY OF THE PROCEEDINGS ORDER OF THE MANAGER DT. 31.5.07. R4(i):- COPY OF THE PROCEEDINGS ORDER NO.CM/DS/07-08/PT-14 OF THE MANAGER DTD. 27.6.07. R4(j):- COPY OF THE RELIEVING ORDER DT. 2.7.07. R4(k):- COPY OF THE LAST PAY CERTIFICATE DTD. 27.11.08. R4(l):- COPY OF THE JOINING REPORT DT. 3.7.07. W.P.(C) NO.5512/2009 R4(m):- COPY OF THE RELIEVING ORDER DT. 11.10.07. R4(n):- COPY OF THE JOINING REPROT DTD. 11.10.07. R4(o):- COPY OF THE PROCEEDINGS OF THE MANAGER 16.10.07. R4(p):- COPY OF THE RELIEVING ORDER DTD. 17.10.07. R4(q):- COPY OF THE JOINING REPORT DTD. 17.10.2007. R4(r):- COPY OF THE RELIEVING ORDER DTD. 17.12.07. R4(s):- COPY OF THE JOINING REPORT DT. 18.12.07. R4(t):- COPY OF THE RELIEVING ORDER DTD. 31.5.08. R4(u):- COPY OF THE APPOINTMENT ORDER OF THE 4TH RESPONDENT DTD. 17.10.07. R4(v):- COPY OF THE ORDER OF THE MANAGER 28.1.08. R4(w):- COPY OF THE APPOINTMENT ORDER OF THE 4TH RESPONDENT DTD. 3.7.07. R4(x):- COPY OF THE SERVICE DETAILS OF THE 4TH RESPONDENT DTD. 27.4.2009. R4(y):- COPY OF THE PROCEEDINGS OF THE MANAGER DTD. 18.12.08. R4(z):- COPY OF THE ORDER OF THE MANAGER DT. 8.10.08. R4(aa):- COPY OF THE ORDER NO.G3/54092/2008/DPI/K.DIS. OF THE DIRECTOR. R4(ab):- COPY OF THE ORDER OF APPOINTMENT OF THE 4TH RESPONDENT DTD. 18.6.08. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5512/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of September, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P8 order passed by the Director of Public Instruction whereby the appeal against Ext.P3 was rejected upholding the appointment of the fourth respondent as Part-time Hindi Teacher. 2. The petitioner, at the time of filing of the writ petition, was working as Peon in B.E.M High School, Kasargode under the first respondent-Manager. He was initially appointed as Full-time Menial on 14/03/2002 and promoted as Peon on 10/01/2008 based on his seniority. He acquired qualification, namely, Sahithyacharya examination conducted by the Kerala Hindi Prachara Sabha during February, 2008 and became fully qualified for the post of Lower Grade Hindi Teacher which was informed to the Manager also. Consequent on the promotion of one Shri Ashly Jerald as Full Time Hindi Teacher a vacancy of Part-time Hindi Teacher arose on 02/06/2008. In that vacancy, the Manager appointed the fourth respondent and posted her at C.M.S.U.P. School, Nedumkarana. The claim of the fourth respondent under Rule 51A of Chapter XIV A K.E.R was accepted by the Management. The same is disputed by the petitioner. W.P.(C). No.5512/2009 -:2:- 3. Mainly it is contended that the fourth respondent's appointment as per Ext.P1 as H.S.A on daily wages has not been approved. From 11/10/2007 to 16/10/2007, she worked as Part-time Hindi Teacher on the strength of the earlier order appointing her in the leave vacancy. She was again appointed as H.S.A in a leave vacancy on 17/10/2007 as per Ext.P2 order which was also on daily wages and she continued upto 17/12/2007. Thereafter, on 18/12/2007, she joined as Part-time Hindi Teacher and was relieved from service on 31/03/2008. It is pointed out that the period of appointment from 22/06/2006 to 31/03/2008 could not be approved. 4. By Ext.P3, the appointment of the fourth respondent was approved by the Assistant Educational Officer which was challenged by the petitioner. It is mentioned in Ext.P8 that the appointment of the fourth respondent from 22/06/2006 to 31/03/2008 have been approved. Therefore, she is entitled for promotion in any of the vacancies under Rule 51A of Chapter XIV A K.E.R. 5. In the counter affidavit filed by the fourth respondent, various orders have been produced. Ext.R4(i) is the order by which the fourth respondent, who was working as Part-time Hindi Teacher at B.E.M. U.P. School, Puthiyara is promoted as H.S.A (Hindi) at B.E.M High W.P.(C). No.5512/2009 -:3:- School, Parappanangadi when one Smt.Sindhya Regeena C., H.S.A (Hindi), proceeded on maternity leave for 135 days from 01/06/2007 to 13/10/2007. On the expiry of the said period, she was relieved on 11/10/2007 F.N and thereafter joined duty at B.E.M. U.P. School, Puthiyara on the same day itself and the orders have been produced as Exts.R4(m) and R4(n). Ultimately, as per Exts.R4(u) and R4(w) revised appointment orders have been issued by the Manager appointing her in a time scale. It is clear from the counter affidavit that the appointments have been approved also which is evident from the orders produced. 6. In that view of the matter, the fourth respondent will be entitled for the benefit under Rule 51A of Chapter XIV A K.E.R and there is no infirmity in Ext.P8 proceedings and the writ petition is accordingly, dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms