IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 38076 of 2010(H) ------------------------------------ PETITIONER(S): ----------------------- JEMEELA.P.M, U.P.S.A., H.U.P.S., POYLINGAPARAMBU, KODUNGALLUR, TRICHUR DISTRICT. BY ADVS. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHAMANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA - 680 121. 3. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR - 680 664. 4. THE MANAGER, H.U.P.S, POYLIANGAPARAMBU, KODUNGALLUR, TRICHUR DISTRICT, PIN - 680 666. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.T. SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.38076/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16.02.2004. EXT.P2: COPY OF THE ORDER NO.D-727/04/K DIS. DATED 28.03.2005 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER NO.27937/B2/09/GE DATED 24.05.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER NO.43307/B2/2010/GE DATED 17.07.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P5: NIL EXT.P6: COPY OF THE COMMUNICATION DATED 20.07.2011. EXT.P7: COPY OF THE DATED 22.03.2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF G.O.(P) 178/02/G.EDN. DATED 28.06.02. EXT.R3(B): COPY OF ORDER NO.B1-1969/2006/L.DIS DATED 2.12007. /TRUE COPY/ P.A. TO JUDGE VPV T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38076 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2011. JUDGMENT The plea raised by the petitioner is for grant of approval of appointment from 16.2.2004. The petitioner was appointed as per Ext.P1 order of appointment. The objection taken with regard to the approval were two fold. One is that the promotion of the Headmistress has not been approved. It is also stated that approval of appointment of certain seniors are still pending. 2. The Government by Ext.P3 order, directed the approval of appointment of the petitioner on daily wage basis, from 19.12.2008 to 31.3.2008 and from 10.6.2008 on regular basis. The same has been corrected by Ext.P4 order also. 3. In the counter affidavit initially filed by the third respondent, various details have been stated. In para 4, it is stated that the appointment of senior claimants have not been approved and no protected hand was appointed by the Manager. The readjustment of the staff of the school has been made by the second respondent as per order dated 2.1.2007. Accordingly the Manager appointed the petitioner from 1.6.2005 onwards WPC.38076/2010 2 in the vacancy of Smt. A.K. Subaida, U.P.S.A. 4. It is also stated that the Government by letter dated 6.4.2009 directed to approve the appointment of senior claimants, viz. Smt. N.A. Benezir, Smt. K.A. Laiju, Smt. P.A. Meharunnissa and Smt.K.V. Sunitha from the date of appointment of protected hands, viz. 20.11.2007. One protected teacher was appointed by the Manager as per order dated 20.11.2007. 5. This Court directed the learned Government Pleader to file an additional affidavit after ascertaining various facts. In para 5 of the additional counter affidavit, it is stated that the appointment of Smt.P.U. Meharunnisa as LPSA from 1.12.2003 had been approved vide order dated 27.4.2011. The appointment of Smt. K.D. Laiju as UPSA from 2.6.2004 had been approved in the light of the judgment of this Court in W.P.(C) No.28737/2008. It is also clear from the additional affidavit that from 2002-2003 onwards one post of UPSA left unfilled for appointing a protected teracher. In the light of the above, it can be seen that the senior claimants have been granted approval from the previous academic year. Therefore, the said objection cannot survive now. It is evident from the additional counter affidavit that one post of UPSA was kept unfilled for appointment of a WPC.38076/2010 3 protected teacher from 2002-2003 onwards. Therefore, the approval could not be rejected on that ground also. For all these reasons, the writ petition is allowed. There will be a declaration that the petitioner is entitled for approval from 1.6.2005 onwards and appropriate orders will be passed by the Assistant Educational Officer within a period of two months from the date of receipt of a copy of this judgment. The petitioner will be granted due monetary benefits also. No costs. (T.R. Ramachandran Nair, Judge.) kav/