IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30656 of 2010(F) -------------------------- PETITIONER(S): --------------- 1. BINDU THOMAS, AGED 36, W/O.JOHNSON, H.S.S.T.(CHEMISTRY), ST.JOSEPH HIGHER SECONDARY SCOOL, PAINGOTOOR, ERNAKULAM DISTRICT. 2. SEENA JOHN, D/O.JOHN, D/O.JOHN,AGED 33 YEARS,H.S.S.T (PHYSICS), ST.JOSEPH HIGHER SECONDARY SCHOOL, PAINGOTOOR, ERNAKULAM DISTRICT. 3. SALY ANTONY, AGED 40 YEARS, S/O.ANTONY, H.S.S.T. (MATHS), ST.JOSEPH HIGHER SECONDARY SCHOOL, PAINGOTOOR, ERNAKULAM DISTRICT. 4. SR.SANTHY KURIAN, D/O.KURIAN, AGED 40, H.S.S.T. (ZOOLOGY), ST.JOSEPH HIGHER SECONDARY SCHOOL, PAINGOTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT, GOVT.SECREARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM- 695001. 3. MANAGER, ST.JOSEPH HIGHER SECONDARY SCHOOL, PAINGOTOOR, ERNAKULAM DISTRICT-686671. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS EXTS: EXT.P1:- COPY OF APPROVAL ORDER OF P1 AS HSST(JUNIOR) EXT.P1A:- COPY OF SANCTION ORDER BY R2. EXT.P2:- COPY OF APPROVAL ORDER OF P2 EXT.P3:- COPY OF APPROVAL ORDER OF P3 AS HSST (JUNIOR) EXT.P4:- COPY OF APPROVAL ORDER OF P4 AS HSST (JUNIOR) EXT.P5:- COPY OF LETTER ISSUED BY R2. EXT.P6:- COPY OF LETTER ISSUED BY R2 TO R3 EXT.P7:- COPY OF STAFF FIXATION ORDER ISSUED BY R2 EXT.P8:- COPY OF COMMON PROCEEDINGS MADE BY R2 EXT.P9:- COPY OF REPRESENTATION DTD.14.8.2010. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE. K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30656 OF 2010 ------------------------------ Dated this the 14 th day of October, 2010 JUDGMENT The petitioners were appointed as Higher Secondary School Teachers in the St.Joseph Higher Secondary School, Paingotoor on 22.10.2002, 20.1.2003, 1.12.2003 and 20.1.2003. It is stated that the first petitioner was working in another school and she was transferred to the present school on 22.10.2002. However, as per Exts.P1 to P4 approval was granted for the appointment of the petitioners only as HSST(junior). The petitioners contended that posts were sanctioned for the appointment of HSSTs during the academic year 2002-2003 and 2003-2004 for Physics, Chemistry, Mathematics and Zoology. Though the grievance raised by the petitioners was considered by the Director of Higher Secondary Education in Ext.P8 order dated 2.9.2005, the appointment of the petitioners as HSST was approved only with effect from 2.6.2004 and not from their date of W.P.(C).No.30656 OF 2010 2 appointment. Challenging Ext.P8 order to the extent to which it is against the contentions of the petitioners, they filed Ext.P9 representation dated 14 th August, 2010 before the Government. Ext.P9 is pending disposal. 2. The reliefs prayed for by the petitioners are the following: “i) Issue a writ of mandamus or direction directing the respondents to approve the appointments of the petitioners 1 to 3 as HSSTs w.e.f.the date of joining duty/approval of their appointment as HSST (Junior) in the 3rd respondent's school and approve the appointment of the 4th petitioner as HSST w.e.f.15.07.2003 and grant all consequential benefits in pursuance to the revised approval order. ii) Issue appropriate direction directing the 1st respondent to consider and pass orders on Ext.P9 representation after affording an opportunity for hearing to the petitioners and 3rd respondent Manager within the time limit prescribed by this Hon'ble Court. iii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. The learned counsel for the petitioners submitted that for the time being, it is W.P.(C).No.30656 OF 2010 3 sufficient, if relief No.(ii) is granted, leaving open the contentions of the petitioners. Accordingly, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P9 representation dated 14 th August, 2010, submitted by the petitioners, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners and the third respondent Manager. Any of the petitioners can represent the others at the time of hearing. b) The petitioners shall produce a copy of the Writ Petition and certified W.P.(C).No.30656 OF 2010 4 copy of the judgment before the first respondent. c) The petitioners shall send a copy of the Writ Petition and a copy of the judgment to the third respondent by registered post and they shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms