IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 14656 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------ SANI MARY JOHN, W/O.REV.C.C.SABU, CHETTIYADATHU HOUSE, PUNCHAVAYAL P.O., KOTTAYAM (LOWER PRIMARY SCHOOL ASSISTANT, CMS LOWER PRIMARY SCHOOL, PALLOM). BY ADVS. MR.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 4. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPALLY. 5. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY. 6. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. W.P.(C) NO.14656/2009 7. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA. 8. ASSISTANT EDUCATIONAL OFFICER,OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA. 9. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM EAST. 10. CORPORATE MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA, CSI DIOCESAN OFFICE, CATHEDRAL ROAD, KOTTAYAM. 11. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM. *ADDL. R12 IMPLEADED 12. THE REGISTRAR, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, OFFICE OF THE INDIRA GANDHI NATIONAL OPERN UNIVERSITY, MAIDAN GARLIN, N.DELHI 110068. ADDL. R12 IS IMPLEADED AS PER ORDER DTD.7.12.2009 IN IA. 15391/09. BY GOVT. PLEADER MR.SANDESH RAJA R10 BY ADV. MR.BABU VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14656/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DTD. 14.12.2001 ISSUED BY RESPONDENT NO.10 AND APPROVED BY RESPONDENT NO.4. P2:- COPY OF THE APPOINTMENT ORDER DTD. 16.10.2003 ISSUED BY RESPONDENT NO. 10 AMD APPROVED BY RESPONDENT NO.3. P3:- COPY OF THE APPOINTMENT ORDER DTD. 29.12.03 ISSUED BY RESPONDENT NO.10 AND APPROVED BY RESPONDENT NO.6, DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. P4:- COPY OF THE APPOINTMENT ORDER DT. 3.6.04 ISSUED BY RESPONDENT NO. 10 AND APPROVED BY RESPONDENT NO.4. P5:- COPY OF THE TRANSFER DTD. 30.5.07 TRANSFERRING THE PETITIONER FROM CMS LPS MUNDAKAYAM TO CMS LPS, KAPPIL AS LPSA. P6:- COPY OF THE SAID CIRCULAR DTD. 18.5.07 THUS ISSUED BY RESPONDENT NO.1. P7:- COPY OF THE PROCEEDINGS BEARING NO.D.4044/07 DTD. 25.8.07 ISSUED BY RESPONDENT NO.11. P8:- COPY OF THE ORDER BEARING NO.B1/852/07/K.DIS. DTD. 28.12.07 ISSUED BY RESPONDENT NO.3. P9:- COPY OF THE ORDER NO.F3/22663/08/K.DIS. DPI DTD. 25.6.08 ISSUED BY RESPONDENT NO.2. P9(a):- COPY OF THE ORDER OF TRANSFER DTD. 17.9.08 ISSUED BY RESPONDENT TO NO.10. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14656 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010 J U D G M E N T The petitioner is working as an aided school teacher in the school managed by the 10th respondent, from 14.12.2001 onwards. Her short term appointments were approved as per Exts.P1, P2 &P3. She commenced regular service with effect from 03.06.2004 as evidenced by Ext.P4 approved appointment order. While so, from C.M.S. LPS, Mundakkayam, where the petitioner was working, the 10th respondent transferred the petitioner to C.M.S. Kappil. Although that vacancy was a regular vacancy, the educational authority refused to approve the transfer of the petitioner on the ground that as per Ext.P6 circular, vacancies in uneconomical schools after 12.10.2006 cannot be filled up. In case of two other similarly placed teachers, the 2nd respondent passed Exts.P10 & P11 orders. Later the 10th respondent issued Exts.P12 & P13 proceedings W.P.(C)No. 14656 of 2009 -2- adjusting lien of those teachers in various schools in sanctioned vacancies so as to regularize their service. Those teachers approached this court and obtained Ext.P14(a) interim order directing disbursal of the salary and allowances to them. Following those orders the 10th respondent passed Ext.P15 order adjusting lien of the petitioner in various schools from 01.06.2007 to 16.09.2008. Later pursuant to Ext.P16, the documents relating to appointment of the petitioner were transmitted to the 2nd respondent for appropriate orders. The 2nd respondent is not approving the appointment of the petitioner is the grievance of the petitioner in this writ petition. On 07.12.2009 this court passed the following interim order. I.A. No.15391 of 2009 Application for impleading is allowed as prayed for. I.A. No.15392 of 2009 Petitioner herein is aggrieved by the delay in implementing Ext.P19 order passed by the Additional Director of Public Instruction, namely, the 2nd respondent herein. As per Ext.P19, it is ordered that the Assistant Educational Officer, Kottayam East is permitted to approve the lien adjustment of Smt.Sani Mary John, LPSA, the petitioner herein, for the period from 10.6.2008 to 16.9.2008 in C.M.S.L.P School, Pallom as and when the promotion appointment of Smt.Usha Elizabath W.P.(C)No. 14656 of 2009 -3- John as H.S.A. (Maths) in BIGHS, Pallom is approved. 2. Learned Government Pleader, on instructions, submitted that the District Educational Officer, Kottayam namely the 6th respondent has sought instruction from the additional 12th respondent herein regarding the genuineness of the certificate produced by Smt. Usha Elizabeth John relating to the B.Ed Degree obtained by her from the Indira Gandhi National Open University. Government has to take a decision in the matter after receiving the information from the Indira Gandhi National Open University. 3. It is in these circumstances, petitioner has sought for a direction to the said University to communicate the result of the verification of genuineness of B.Ed Degree certificate obtained by Smt. Usha Elizabeth John to the 6th respondent, the District Educational Officer, within a specified time. As per the order on I.A.No.15391 of 2009 passed today, the Registrar of the University has been impleaded as additional 12th respondent. 4. In the light of the above, there will be a direction as prayed for and the additional 12th respondent will communicate the result of the verification of genuineness of B.Ed Degree certificate of Smt. Usha Elizabeth John, H.S.A (Maths) in BIGHS, Pallom as sought for by the 6th respondent, the District Educational Officer, Kottayam, within a period of one month from the date of receipt of a copy of this order. The 6th respondent, the District Educational Officer will forward a copy of this order to the Registrar of the University for compliance. On 24.02.2010, I passed the following interim order. The learned counsel for the petitioner submits that pursuant to the interim order dated 7.12.2009, the question of genuineness of the B.Ed certificate issued to Smt.Usha Elizabeth John has been decided and it has been held that it is genuine. Therefore, the D.E.O. has to now consider the question of approval of the promotion of Smt.Usha Elizabeth John, and then consider the question of approval of the appointment of the petitioner to that promotion vacancy. W.P.(C)No. 14656 of 2009 -4- 2. Today, the learned Government Pleader submits that it is true that the appointment of Smt. Usha Elizabeth John has been approved. Therefore there cannot be any doubt that the approval of the petitioner's appointment have to be reconsidered in the light of the appointment of Smt. Usha Elizabeth John. The learned Government Pleader submits that the same can be done within a period of three weeks. Accordingly the writ petition is disposed of with a direction to the 9th respondent to reconsider the question of approval of the petitioner's appointment in the light of approval of the appointment of Smt. Usha Elizabeth John as expeditiously as possible at any rate within a period of three weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/