IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29873 of 2011(H) -------------------------- PETITIONERS: --------------- 1. S.SABEENA, AGED 35 YEARS, W/O.SALIM, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) HIGH SCHOOL, VAYANAKAM, P.O.NJACKANAL, KOLLAM DISTRICT. 2. ASHA V.CHANDRAN, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), HIGH SCHOOL, VAYANAKAM, P.O.NJACKANAL, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM - 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT - 691 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DISTRICT - 691 001. 5. THE MANAGER, HIGH SCHOOL, VAYANAKAM P.O.NJACKANAL, KOLLAM DISTRICT - 690 533. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29873 of 2011(H) APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE ORDER NO.B2/6138/09/L.DIS. OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DT.9.12.09. EXT.P-2 TRUE COPY OF THE ORDER NO.B2/6137/09/L.DIS OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM DT.7.12.09. EXT.P-3 TRUE COPY OF THE ORDER NO.B3/1468/2010/K.DIS OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DT.29.5.10. EXT.P-4 TRUE COPY OF THE ORDER NO.D.DIS/31815/11/RA(4)/DPI OF THE 2ND RESPONDENT DT.24.8.11. EXT.P-5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.15.10.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29873 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT Both the petitioners have been appointed as HSA(Natural Science) and HSA(Social Studies) from 1.6.2009 in retirement vacancies. 2 The approval was not granted initially stating that the Manager has not fulfilled the conditions laid down in G.O.(P) No.178/2002/G.Edn. dt.28.6.2002. The appeal against the same has also been rejected. In the revision petition filed from the order, Exhibit P4 has been passed whereby there is a direction to approve the appointment of the petitioners on daily wage basis till the date of joining of duty of a protected hand in the school. 3. It is the case of the petitioners that the Manager has fulfilled the conditions even earlier by appointing deployed protected hands and therefore the restriction as far as the approval of appointment of the petitioners by Exhibit P4 cannot be justified. W.P.(C)No.29873/11 -2- 4. Invoking the revisional jurisdiction, the petitioners have moved the Government by filing Exhibit P5 revision petition. The petitioners are also relying upon the decision of this Court in Nadeera v. State of Kerala (2011(3) KHC 650). 5. There will be a direction to the Government to take a decision on Exhibit P5 after hearing the petitioners and the Manager within a period of five months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn