IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 2885 of 2009(R) ------------------------- PETITIONER: --------------- T.RAJESWARI, THADATHIL HOUSE, LPS LANE, VADAVATHUR P.O.,KOTTAYAM. (HIGH SCHOOL ASSISTANT, HEHMM HIGH SCHOOL, MATTANCHERRY) BY ADV. SRI.THAMPAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS CHIEF SECRETARY,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM. 4. THE DISTRICT EDUCATION OFFICER ERNAKULAM. 5. THE MANAGER, HEHMM HIGH SCHOOL MATTANCHERY, KOCHI-2 BY GOVT.PLEADER SMT NISHA BOSE FOR R1 TO R4 ADV. SRI.B.K.PURUSHOTHAMAN FOR R5 SRI.B.K.GOPALAKRISHNAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2885/09 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER DT.3.6.85. EXT.P2: COPY OF ORDER DT.4.8.87. EXT.P3: COPY OF GOVERNMENT ORDERS GO(MS)NO.104/69 DT.6.3.69 AND GO(MS)NO.164/69 DT.17.4.69. EXT.P4: COPY OF APPOINTMENT ORDER DT.1.6.99. EXT.P5: COPY OF APPOINTMENT ORDER DT.8.6.2000. EXT.P6: COPY OF APPOINTMENT ORDER DT.6.6.01. EXT.P7: COPY OF ORDER NO.B5.1495/2001/L.DIS. DT.18.5.01. EXT.P8: COPY OF APPEAL MEMORANDUM DT.21.6.01. EXT.P9: COPY OF REPRESENTATION DT.20.6.06. EXT.P10: COPY OF PETITION DT.18.9.08. EXT.P11: COPY OF ORDER GO(RT)NO.4969/08/G.EDN. DT.11.11.08. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.2885 of 2009 -------------------------------------------------- DATED THIS THE 15th DAY OF NOVEMBER, 2011 JUDGMENT This Writ Petition is filed by the petitioner seeking to quash Exhibit P11 order and to direct the respondents to regularise the service of the petitioner and grant the superannuation benefits including pension considering the length of service and also to pay salary considering the continuity of service. 2. The petitioner was appointed as a High School Assistant (Mathematics) by the 5th respondent in the HEHMM High School, Mattancherry on 3.6.1985. The same was approved by Exhibit P1 order. It is stated that she continued for more than two academic years and she received two consecutive vacation salaries. She was thrown out after the staff fixation was finalised as per Exhibit P2. The petitioner is seeking benefit of protection in the light of Exhibit P3 order. The petitioner had been presenting the matter before various authorities; but without any result. It is also submitted that she being a Rule 51A claimant, she was entitled for appointment in later vacancies. 3. The learned counsel for the petitioner Shri Thampan Thomas submitted that if the Director of of Public Instruction considers Exhibit P8, which is an appeal, the same will render justice to the petitioner. It is submitted that Exhibit P11 order was passed by the Government without notice to the petitioner. 4. What is sought for in Exhibit P8 is to set aside the order passed W.P.(C)No.2885/09 -2- by the District Educational Officer, Ernakulam and to regularise the petitioner in the post of High School Assistant(Mathematics) from 1998 onwards. 5. The learned Government Pleader on getting instructions submitted that Exhibit P8 could not be traced. The learned counsel for the petitioner submitted that the petitioner is having postal receipts evidencing the filing of Exhibit P8. 6. The petitioner will re-file Exhibit P8 appeal before the Director of Public Instruction, along with a copy of this judgment within a period of one month. For enabling the Director of Public Instruction to consider the plea raised by the petitioner in Exhibit P8, Exhibit P11 will stand set aside. Appropriate orders will be passed after hearing the petitioner and the Manager and any other affected parties within a further period of four months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn “Year '1998' occurring in paragraph 4 of the judgment dated 15.11.2011 in W.P.(C)No.2885/2009 is corrected as '1988', as per order dated 30.11.2011 in I.A.18901/2011 in W.P.(C)No.2885/2009. Sd/- REGISTRAR(JUDICIAL)