IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 32224 of 2007(J) ------------------------------- PETITIONER: -------------- K.N.ANILKUMAR, S/O. V.S.NARAYANAN NAIR, PADINJAREPARAMBIL HOUSE, PAKKIL P.O., KOTTAYAM-12. (PEON, NSS HIGHER SECONDARY SCHOOL, KAVALAM). BY ADV. SRI.S.SUBHASH CHAND SRI.ELDHO VARGHESE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOTTAYAM. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. GENERAL MANAGER & INSPECTOR, OFFICE OF THE GENERAL MANAGER & INSPECTOR, NSS SCHOOLS, PERUNNAI P.O., CHANGANASSERY. BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R5 SRI.P.GOPAL FOR R5 GOVERNMENT PLEADER FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32224 of 2007(J) PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER OF APPOINTMENT DATED 7-8-2001 ISSUED BY RESPONDENT NO.5 P2: TRUE COPY OF THE ORDER DATED 15-6-2002 ISSUED BY RESPONDENT NO.4 P3: TRUE COPY OF THE ORDER DATED 28-1-2003 PASSED BY RESPONDENT NO.2 P4: TRUE COPY OF THE ORDER DATED 13-12-2004 PASSED RESPONDENT NO.2 P5: TRUE COPY OF THE JUDGMENT DATED 9-6-2006 PASSED BY THIS HON,BLE COURT IN WPC:16566/2005. P6: TRUE COPY OF THE ORDER DATED 29-7-2005 PASSED BY RESPONDENT NO.4 APPROVING THE APPOINTMENT OF THE PETITIONER WITH EFFECT FROM 28-3-2006 P7: TRUE COPY OF THE JUDGMENT DATED 5-8-2003 IN OP NO.3857/2002 P8: TRUE COPY OF THE JUDGMENT DATED 18-11-2005 PASSED BY THIS HONOURABLE COURT IN WPC NO:24212/2005. P9: TRUE COPY OF THE ORDER BEARING NO.B1/16300/05 DATED 13-3-2006 PASSED BY RESPONDENT NO.3 P10: TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.5 BEARING NO.A1/2701/2006 DATED 8-6-2006 P11: TRUE COPY OF THE REPRESENTATION DATED 24-9-2007 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. RESPONDENT'S EXHIBITS: R5(a): TRUE COPY OF THE ORDER G.O.(MS) NO. 138/1990/G.EDN OF THE GOVERNMENT DATED 27-06-90 R5(b): TRUE COPY OF THE ORDER G.O.(MS) NO.18/91/G.EDN. OF THE GOVERNMENT DATED 01-02-1991 R5(c): TRUE COPY OF THE ORDER G.O.(MS) NO.162/91/G.EDN. OF THE GOVERNMENT DATED 01-10-1991 R5(d): TRUE COPY OF THE ORDER OF THE GOVERNMENT NO.299/2004/G.EDN. DATED 24-09-2004 R5(e): TRUE COPY OF THE ORDER G.O.(RT) NO.3172/2005/G.EDN. OF THE GOVERNMENT DTD.25-06-2005. WP(C).No. 32224 of 2007(J) R5(f): TRUE COPY OF THE LIST OF FULL TIME MENIALS R5(g): TRUE COPY OF THE REVISION PETITION DATED 29-03-2006 R5(h): TRUE COPY OF THE PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DTD.20-10-2006 ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 32224 of 2007 -------------------------------------------------------- Dated: SEPTEMBER 17, 2008 JUDGMENT DEO Kasaragod, DEO Ottapalam and DEO Pathanamthitta are suo motu impleaded as additional respondents 5, 6, 7 and 8 and the Government Pleader takes notice. 2. In this writ petition all that is needed is a direction for the implementation of Ext.P9 and completion of necessary procedural requirements for the same. 3. Bereft of the details, the facts are that by Ext.P1 order dated 7.8.2001 petitioner was appointed as a full time menial. His appointment as per Ext.P1 was approved by Ext.P6 with effect from 28.3.2003. Claiming that his appointment should be approved with effect from the date of Ext.P1, petitioner took up the matter and finally the W.P.(C) 32224 of 2007 2 dispute was raised before this Court in WP(C) 24212/05 filed by the petitioner. That writ petition was disposed of by Ext.P8 judgment declaring that the petitioner is entitled to have his appointment approved with effect from 7.8.2001. Implementing Ext.P8, the 3rd respondent issued Ext.P9 proceedings. As Ext.P9 was not implemented, this writ petition was filed for necessary reliefs. 3. The delay in implementing Ext.P8 was sought to be explained by the Manager mainly contending that the revision filed by him under Rule 92 of Chapter XIVA KER was pending consideration of the Government. It is now seen from Ext.P12 that the revision has also been rejected. Now it is submitted before me that the Manager has already issued proceedings No.A1/2411/06 dated 11.8.2008 adjusting the lien of the petitioner with effect from 7.8.2001 upto 27.3.2003 in different schools under the jurisdiction of respondents 4, 6, 7 and 8. It is stated that the aforesaid proceedings have been forwarded to respondents 4, 6, 7 and 8 and also to the Government for necessary approval W.P.(C) 32224 of 2007 3 and orders are awaited. If that be so, the order that is necessary in this writ petition is to direct respondents 4, 6, 7 and 8 to pass necessary orders on the proceedings of the Manager dated 11.8.2008 referred to above. This, the aforesaid respondents shall do as expeditiously as possible, and at any rate within three months of production of a copy of this judgment. While orders are passed, necessarily Ext.P12 order passed by the Government on the revision filed by the Manager against Ext.P9 shall also be taken into account. 4. Petitioner shall produce a copy of this judgment before respondents 4, 6, 7 and 8 along with a copy of Ext.P12 order, for compliance. Needless to say that consequential benefits shall also be released to the petitioner without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-