IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 22785 of 2010(W) --------------------------------------- PETITIONER(S): ----------------------- SABU.U, STAR, VAYAKKAL P.O., KOTTARAKKARA, KOLLAM DISTRICT, (HSST, COMMERCE, CSI, VRS & HSS FOR DEAF VALAKOM, KOLLAM DISTRICT. BY ADV. SRI.T.S.RAJASENAN RESPONDENT(S): ----------------------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, KERALA STATE HIGHER SECONDARY EDUCATION, HOUSING BOARD, BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM-695 001. 3. THE CORPORATE MANAGER FOR LMS, HIGHER SECONDARY SCHOOLS, LMS COMPOUND, THIRUVANANTHAPURAM-695 001. 4. THE PRINCIPAL, CSI, VHS AND HSS FOR THE DEAF VALAKOM, KOLLAM DISTRICT-691 532. 5. MARIAMMA.D., HSST JUNIOR (MALAYALAM), CSI, VHS & HSS FOR THE DEAF, VALAKOM, KOLLAM DISTRICT-691 532. 6. RACHEL MATHEW, HSST (COMMERCE) CSI, VHS & HSS, FOR THE DEAF, VALAKOM, KOLLAM DISTRICT-691 532. tss W.P.(C) NO.22785/2010 7. JOSEKUTTY.D., HSST (ECONOMICS), CSI, VHS & HSS, FOR THE DEAF, VALAKOM, KOLLAM DISTRICT-691 532. 8. JESSY ALEXANDER, HSST JUNIOR (POLITICAL SCIENCE), CSI, VHS & HSS, FOR THE DEAF, VALAKOM, KOLLAM DISTRICT-691 532. 9. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDINGS, IVTH FLOOR, PALAYAM, THIRUVANANTHAPURAM-695 033. R1 & R2 BY GOVT. PLEADER SMT.NISHA BOSE R3 BY ADV. SRI.R.T.PRADEEP R5,6,8 BY ADVS. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL, SRI.S.VISHNU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22785/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ADVERTISEMENT IN CHRISTIAN DEEPIKA DT.D 1.3.2001. P1(a):- COPY OF THE FIXATION ORDER B3/18296/HSE DTD. 11.8.2002. P2:- COPY OF THE APPOINTMENT ORDER NO.SKD/CM/HSS/D/474/2001 DTD. 2.6.2001. P3:- COPY OF THE APPROVAL ORDER NO.ACD B3/19299/HSE/D. DTD. 29.11.03 BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE ORDER G.O.(RT) 1364/98 G.EDN. DTD. 30.3.1998 OF GOVERNMENT OF KERALA. P6:- COPY OF THE ORDER G.O.(RT) 1852/2004/G.EDN. DTD. 15.5.04 OF GOVERNMENT OF KERALA. P6:- COPY OF THE ORDER GO(RT0 1664/2005 /G.EDN. DTD. 26.4.2005 OF GOVERNMENT OF KERALA. P7:- COPY OF THE ORDER NO.ACD.B3/19299/HSE/2005 DTD. 10.9.05 BEFORE THE 2ND RESPONDENT. P8:- COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE 2ND RESPONDENTDT. 30.6.04. P9:- COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE 2ND RESPONDENT DT. 10.12.04. P10:- COPY OF THE REPRESENTATION FROM THE PETITIONER TO THE RESPONDENTS 1 TO 3 DTD. 15.6.2006. P11:- COPY OF THE ORDER NO.G.O.(MS) 351/2004/G.EDN. DTD. 30.11.04. P12:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT DTD. 13.12.2006. P13:- COPY OF THE PROCEEDINGS OF THE MANAGER ORDER NO.D 528/06/CM DTD. 29.5.2006. P14:- COPY OF THE ORDER NO.TRO/05/6074/HSE /2006 DTD. 7.6.2006. P15:- COPY OF THE ORDER NO.A.61/08 SS DTD. 28.1.08. P16:- COPY OF THE ORDER NO.TRO//5/6074/2007/HSE DTD. 7.5.08. P17:- COPY OF THE ORDER NOP.TRO/05/6074/HSE/2008 DT. 8.7.08. P18:- COPY OF THE ORDER NO.TRO/5/6074/09 HSE DTD. 15.9.09. P19:- COPY OF THE ORDER NO.A.61/08 SPL. SCHOOL/ DTD. 3.10.09. tss W.P.(C) NO.22785/2010 P20:- COPY OF THE ORDER NO.TRO /5/6074/09/HSE DTD. 20.10.09. P21:- COPY OF THE JUDGMENT IN WP(C) 19451/06 DTD. 20.1.2010 OF THE HONOURABLE HIGH COURT OF KERALA. P22:- COPY OF THE ORDER NO.ACD/17519/HSE/06 DTD. 7.5.2010. P23:- COPY OF THE ORDER AD/B1-2239/99/HSE DTD. 11.10.2000. P24:- COPY OF THE ORDER G.O.)MS) 199/03 G.EDN. DT. 24.7.2003. P25:- COPY OF THE APPLICATION SUBMITTED BY ONE RASIMATH BEEVI J TO RIGHT TO INFORMATION OFFICER, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM DTD. 1.11.2010. P26:- COPY OF THE REPLY ISSUED BY THE RIT OFFICER NO.ACD.B5/4644/09/HSE DTD. 30.11.2010. P27:- COPY OF THE TEACHERS WHO WERE APPOINTED DURING 2000-2001 WITH SET QUALIFICATION ISSUED BY the PRINCIPAL UNDER THE RITH TO INFORMATION ACT DTD. 6.1.2011. P28:- COPY OF THE ORDER NO.61/II/G1.EDN. DTD. 28.2.2011. RESPONDENT'S EXHIBITS R5(1):- COPY OF THE G.O.(RT) 1364/98/G.EDN. DTD. 30.3.1998. R5(2):- COPY OF THE NOTIFICATION DTD. 11.10.2000 ISSUED BY THE DIRECTOR OF HSE. R5(3):- COPY OF THE APPOINTMENT ORDER DT. 2.6.2001 TO THE 5TH RESPONDENT. R5(4):- COPY OF THE APPOINTMENT ORDER DT. 2.6.01 TO THE 5TH RESPONDENT. R5(5):- COPY OF THE G.O.(MS) 289/1999/G.EDN. DTD. 25.11.99. R5(6):- COPY OF THE G.O.(MS) 341/1999/G.EDN. DTD. 30.12.99. R5(7):- COPY OF THE G.O.(MS) 91/2007/G.EDN. DTD. 7.5.07. R5(8:- COPY OF THE MEMO NO.AAAA/261/28/10/SS DTD. 6TH JULY, 2010 ISSUED BY THE MANAGER, CSI,LMS SPECIAL SCHOOL TO THE PETITIONER. R5(9):- COPY OF THE COMMUNICATION NO.A/261/69/10/SS DTD. 27TH JULY 2010 ISSUED BY THE MANAGER, CSI, LMS SPECIAL SCHOOL TO THE PETITIONER. R5(10):- COPY OF THE COMMUNICATION NO.A/261/69/10/SS DT.D 15TH JANUARY, 2011 ISSUED BY THE MANAGER, CSI, LMS SPECIAL SCHOOL TO THE PETITIONER. R5(11):- COPY OF THE HEARING NOTE SUBMITTED BEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22785/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2011 J U D G M E N T The inter se dispute between the petitioner and respondent Nos.5 to 8 for seniority as Higher Secondary School Teachers in the school managed by the third respondent is the subject matter arising for consideration here. The challenge made by the petitioner is against Ext.P22 order passed by the second respondent. 2. The petitioner approached this Court earlier by filing W.P.(C).No.19451/2006 which was disposed of by Ext.P21 Judgment. According to the petitioner, he was appointed by the Manager with effect from 06/06/2001 as H.S.S.T (Commerce). He has continuous service from 04/07/2001. But, in the light of the various orders passed by the Government and the second respondent, respondent Nos.6 to 8 have now attained seniority over the the petitioner and the fifth respondent has now been appointed as the Principal also. W.P.(C). No.22785/2010 -:2:- 3. In Ext.P22, the Director has taken a view that the prayer of the petitioner to set aside the Government Orders Exts.P3 and P4 cannot be considered by the said authority. Those orders were issued by the Government by relaxing the basic qualification for appointment as H.S.S.T in the Deaf schools in the capacity of special category teachers. 4. Respondent Nos.5, 6 and 8 have filed a detailed counter affidavit and an additional counter affidavit. It appears that the seventh respondent is no longer in service now. 5. Essentially, this will be a matter for the Government to consider since various Government Orders have been issued in favour of respondents 5, 6 and 8 The veracity of the Orders is disputed by the petitioner. Therefore, obviously, the second respondent could not have taken a decision in the matter as the said orders are binding on the said respondent. 6. In that view of the matter, the petitioner will file appropriate representation/appeal against W.P.(C). No.22785/2010 -:3:- Ext.P22 before the first respondent Government itself expeditiously, at any rate, within a period of three weeks along with a copy of this Judgment. The Government will consider the matter with notice to the petitioner and respondent Nos.3, 5, 6 and 8 (as it is stated that the seventh respondent is no longer in service) and appropriate orders will be passed in accordance with law after entertaining the representation/appeal filed by the petitioner within a further period of three months from the date of receipt of the copy of the Judgment and the representation/appeal. It is made clear that I have not expressed anything on the merits of the matter. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms