IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WA.No. 140 of 2006() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17080/2004 Dated 09/12/2005 .................... APPELLANT(S): PETITIONER. ------------------------- DR.K.C.PRAKASAN, MANAGER, HIGH SCHOOL, CHENTRAPPINNI, THRISSUR DISTRICT. BY ADVS. SRI.K.B.GANGESH SRI.JOE JOSEPH KOCHIKUNNEL RESPONDENT(S): RESPONDENTS. --------------------------- 1. THE DEPARTMENT OF GENERAL EDUCATION, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DITRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR. BY SR. GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 140 OF 2006 --------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The appellant is the Manager of a school. He has approached this Court feeling aggrieved by the refusal of the official respondents to approve the appointment of a teacher, Smt. Seena V.S., in the post of Junior Hindi Teacher in the academic year 2002-2003. The brief facts of the case are the following: 2. The appellant's school had three sanctioned posts of High School Assistants in the academic year 2001-2002. One of the Hindi teachers retired on 31.3.2002. As per Ext.P1 staff fixation order dated 18.9.2002 for the academic year 2002-2003, two posts of H.S.A. (Hindi) and one post of Junior Hindi Teacher were sanctioned. In the newly sanctioned post of Junior Hindi Teacher, the appellant appointed Smt. Seena on 20.11.2002. The District Educational Officer by Ext.P2 order,declined to approve the W.A. NO.140/2006 2 appointment on the ground that the appointment was made without previous sanction of the Government. The District Educational Officer relied on G.O.(P) No.80/2002/G. Edn. dated 27.4.2002 to reject the approval. Clause (iii) of the said Government Order reads as follows: “No new vacancies consequent on staff fixation shall be filled up without prior approval of Government.” Feeling aggrieved by the said order, the appellant moved the Deputy Director of Education. The said appeal was rejected by Ext.P3 order dated 31.5.2003. The Deputy Director of Education relied on another ground also to reject the appellant's claim. It was held that for the newly sanctioned posts of Junior Hindi Teacher, no higher level verification was done as per Rule 12 and 12 C of Chapter XXIII of the Kerala Education Rules, 1959. The appellant's motion before the Director of Public Instructions and the Government were also rejected by Ext.P4 dated 26.11.2003 and Ext.P5 communication dated 12.1.2004 respectively. Therefore, he filed the Writ Petition challenging Exts.P2, P3, P4 and P5 and also seeking consequential reliefs. The learned Single Judge dismissed the Writ Petition upholding the contentions of the respondents. Feeling aggrieved by the said judgment of the learned Single Judge, this W.A. NO.140/2006 3 Writ Appeal is filed. 3. The learned counsel for the appellant submitted that both the grounds taken by the authorities to reject the approval of appointment made in the post of Junior Hindi Teacher are unsustainable. The ban against making appointments contained in G.O.(P) No.80/2002/G. Edn. dated 27.4.2002 was withdrawn by the Government by G.O.(P) No.169/04/G.Edn. dated 15..6.2004. In paragraph 5 of the said Government Order, it is stated as follows: “5. Government after having examined the matter in detail are pleased to issue the following orders. 1) All appointments of Aided School teachers made against regular additional division vacancies after 29-10-2001 will be approved, if otherwise eligible as per the provisions of the KER. Salary for the newly appointed teachers (except the existing teachers) upto 31-12-2003 will be credited to the PF Accounts and salary from 1-01-2004 only will be paid in cash. 2) All appointments of Non teaching staff made in Aided Schools after 29-10-2001 will also be approved, if otherwise eligible as per the provisions of the KER. 3) All the appointments made against leave vacancies after 29-10-2001 in Aided Schools will be approved, if otherwise W.A. NO.140/2006 4 eligible as per the provisions of the KER.” In view of the above Government Order, the appellants submitted that the first ground for non approval of appointment no longer survives and, therefore, the matter is liable to be reconsidered. Regarding the second ground, it is submitted that the objection was taken up for the first time by the Deputy Director of Education by Ext.P3 order dated 31.5.2003. In fact, it was the Deputy Director of Education who should have conducted higher level verification. So, for his own fault, he cannot blame others, it is submitted. Rule 12 C of the Kerala Education Rules says that higher level verification should be completed before the end of August every year. In this case, the staff fixation order was issued only in September. Therefore, the Manager need not suffer for the lapses on the part of the officers. So, the ground taken regarding the absence of higher level verification for declining the approval of appointment is also unjustified. In the result, the Writ Appeal is allowed. The judgment of the learned Single Judge is reversed and the impugned orders, Exts.P2, P3, P4 and P5 are quashed. The District Educational Officer is directed to grant approval to the appointment made by the Manager in the post of Junior W.A. NO.140/2006 5 Hindi Teacher on 20.11.2002, if the same is otherwise in order. This, the District Educational Officer shall do within one month from the date of receipt of a copy of this judgment. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO.140/2006 6 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO. 140/2006 JUDGMENT 4th June, 2009 W.A. NO.140/2006 7