IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 OP.No. 18255 of 2001(W) ----------------------- PETITIONER: ------------ 1. CHITHRAKALA P.K., D/O.S.R.KRISHNA PILLAI, AGED 36 YEARS, PRIMARY SCHOOL TEACHER, THIRUNELLY PANCHAYAT L.P.SCHOOL, PANAVALLY, MANANTHAVADY, WAYANAD DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, MANANTHAVADY, WAYANAD DIST. 3. THE MANAGER(GRAMA PANCHAYAT SECRETARY) THIRUNELLY PANCHAYAT L.P. SCHOOL, PANAVALLEY, MANANTHAVADY, WAYANAD DIST. 4. THE HEADMASTER, .DO. R1&2 BY G.P. SRI.BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON 05/02/2008 DELIVERED THE FOLLOWING: ORDER ON CMP NO.29355/2001 IN OP NO.18255/2001 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 5.2.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT IN OP NO.7420/2000-G OF THIS HON'BLE COURT DT.18.11.2000. P2: TRUE COPY OF ORDER PASSED BY R3 DT.9.2.2001. P3: TRUE COPY OF ORDER OF THE GOVT. DT.7.5.2001. P4: TRUE COPY OF INTERIM ORDER IN CMP NO.26058/2001 IN OP NO.16458/2001. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.18255 of 2001 .................................................................... Dated this the 5th day of February, 2008. JUDGMENT C.N.Ramachandran Nair, J. Even though Full Bench of this court has held that Rule 51A of Chapter XIV-A K.E.R. is not applicable to teachers appointed in Panchayat Schools, we feel petitioners are entitled to continue because they were appointed based on Ext.P1 judgment which has become final. Moreover, these two petitioners are in service for nearly 8 years now. In the circumstances, O.P. is allowed directing the respondents to regularise the service of petitioners. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms