IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 4054 of 2004(G) ------------------------- PETITIONER: ------------ AMBILY.S., 'VYSAKH' HOUSE, PAZHAVEEDU.P.O., ALAPPUZHA-9, NOW WORKING AS H.S.A. (MATHEMATICS), AT THIRUVAMPADY HIGHER SECONDARY SCHOOL, PAZHAVEEDU.P.O., ALAPPUZHA-9. BY ADV. SRI.BENOY THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. MANAGER, HIGHER SECONDARY SCHOOL, THIRUVAMPADY, ALAPPUZHA. BY SHRI.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:XI WPC NO.4054/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPOINTMENT ORDER P1(a) : COPY OF THE ORDER OF THE DEO REJECTIJNG APPROVAL DATED 06/06/02. P2 : COPY OF ORDER DATED 05/11/2002 OF THE DEPUTY DIRECTOR REJECTING THE APPEAL FILED AGAINST EXT.P1(a). P3 : COPY OF ORDER OF THE DPI DATED 17/07/2003 REJECTING THE REVISION PETITION PREFERRED BEFORE HIM AGAINST EXT.P2. P4 : COPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC 27312/2003 DATED 26/08/2003. P5 : COPY OF G.O.(Rt.) NO.311/04/G.Edn. DATED 19/01/2004 ISSUED BY R1. P6 : COPY OF THE ORDER PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTION DATED 22/08/04. P7 : COPY OF THE PROCEEDIGNS OF THE DIRECTOR OF THE HIGHER SECODNARY EDUCATION DATED 29/08/01. P8 : COPY OF G.O.(Ms) NO.199/2003/G.Edn. DATED 24/07/2003. P9 : COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC NO.26588/2003 DATED 13/07/04. P10 : COPY OF JUDGMENT OF THE D.B. PASSED BY THIS HONOURABLE COURT IN W.A.NO.2245/02 DATED 22/01/03. P11 : COPY OF G.O.(P) NO.259/03/G.Edn. DATED 24/09/2003. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- WP(C) No. 4054 of 2004 --------------------------------- Dated, this the 25th day of June, 2008 J U D G M E N T Ramachandran Nair, J. Petitioner was appointed as High School Assistant to teach Mathematics in the 5th respondent's School on a vacancy arising on account of shifting of one Smt.Radhamony to Higher Secondary section of the same school. Regularisation of petitioner's appointment was withheld on account of delay in regularisation of appointment of the said Smt.Radhamony. In other words, the post to which the petitioner was appointed becomes a regular vacancy only when the said Smt.Radhamony is regularised in the higher secondary section of the school. The impugned orders are passed at a time when Smt.Radhamony's service was not regularised, with effect from the date on which petitioner joined. However, learned counsel for the petitioner submitted that later Ms.Radhamani's service is regularised with effect from the date on which she was promoted, that is when petitioner joined duty. Consequently, petitioner is entitled to regularisation on the date on which she was absorbed. The writ petition is, accordingly, disposed of with WP(C) No.4054/2004 -2- direction to 4th respondent to pass appropriate orders, based on subsequent developments i.e. regularisation of Ms.Radhamani's promotion in the higher secondary section, with retrospective effect and petitioner will be given consequential benefit without any delay. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg WP(C) No.4054/2004 -3-