IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 7660 of 2003(J) --------------------------------- PETITIONER(S): ----------------------- 1. P.RADHAKRISHSNAN, P.D.TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, KUTTIPPURAM, KUTTIPPURAM P.O., MALAPPURAM DISTRICT (RESIDING AT ANJU BHAVAN, KUTTIPPURAM P.O.-679 571, MALAPPURAM DISTRICT. 2. SMT.P.V.SYAMALA, P.D.TEACHER, GOVERNMENT L.P.SCHOOL, KUTTIPPURAM NORTH KUTTIPPURAM P.O., MALAPPURAM DISTRICT (RESIDING AT ANJUBHAVAN, KUTTIPPURAM P.O.-679 571 MALAPPURAM DISTRICT. BY ADV. SRI.K.A.SHAMSUDEEN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPPURAM, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1TO3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.13360/203 IN OP. NO.7660/2003 Dismissed 10.11.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, THE 2ND RESPONDENT, DT. 26.6.86. P2:- COPY OF THE GOVERNMENT ORDER ISSUED BY THE IST RESPONDENT DT. 2.6.87. P3:- COPY OF THE LETTER OF THE DEPUTY DIRECTGOR OF EDUCATION MALAPPURAM ADDRESSED TO THE DIRECTOR OF THE PUBLIC INSTRUCTIONS D.T 21.1.89. P4 & P4(a):- COPY OF THE GOVERNMENT ORDER DT. 7.3.90 AND THE LIST OF THE TEACHERS ABOSRBED APPENDED THEREWITH. P5:- COPY OF THE ORDER OF THE GOVERNMENT, GO(MS) NO.479/70/S/EDN. DT. 18.11.1970. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER BEFORE THE HONOURABLE MINISTER OF EDUCATION DT. NIL. P7:- COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DT. 30.11.02. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.7660 of 2003 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioners are aggrieved since they are not getting the benefit of their dates of appointment for the purpose of their seniority. Petitioners were working as P.D.Teachers in a private aided school. Thereafter, the property of the school was acquired by the Government for the purpose of construction of an approach road to railway over bridge. The Manager of the school was not interested in shifting the school to another premises, virtually leading to the closure of the school. Pursuant to the closure, the staff in the surrendered school were integrated with the departmental staff as per G.O.(MS) 471/70 dated 18.11.1970 with the benefit of seniority with the equating category with effect from the date of absorption. That was clarified also by the Government at the time of absorption. The petitioners having been absorbed in Government service, lest they should face retrenchment, and since the absorption is subject to the condition as stated above, there is no point in turning round thereafter claiming seniority with effect from the date of their initial OP NO.7660/03 2 appointment in aided school service. There is no merit in the writ petition. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.7660 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.