IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 338 of 2001(M) --------------------- PETITIONER: ------------ N.S.JAYAKUMAR, MANAGER, S.V.D.U.P. SCHOOL, PURAKKAD. BY ADV. SRI.K.RAMAKUMAR SRI.P.GOPINATH RESPONDENTS: ------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 4. THE ASSISTANT EDUCATIONAL OFFICER, AMBALAPUZHA. 5. SRI.SWAMINATHAN.K, KIZHIKKARAN PARAMBIL PURAKKAD, ALAPPUZHA, NOW WORKING AS P.D. TEACHER, GOVT. H.S.S. VELLANAD UNDER ATTINGAL D.E.O. 6. SRI.R.RADHAKRISHNAN, U.P.S.A. S.V.D.U.P. SCHOOL, PURAKKAD. BY ADV. SRI.JAGADEESH LAKSHMAN SRI.K.R.RAJKUMAR SRI.V.A.MUHAMMED SRI.K.E.HAMZA SENIOR GOVERNMENT PLEADER, SMT.M.R.SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.338/2001/M ORDER ON CMP NO.5118/2001 IN O.P. NO.338/2001 DISMISSED SD/- 18.1.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DTD. 14.12.99 ADDRESSED TO THE 4TH RESPONDENT BY THE PETITIONER. EXT. P2: COPY OF THE LETTER BY THE PETITIONER. EXT. P3: COPY OF THE ORDER DTD. 12.11.98 FROM R4 TO THE PETITIONER. EXT. P4: COPY OF THE ORDER DTD. 6.3.2000 ISSUED BY R3. EXT. P5: COPY OF THE ORDER DTD. 7.11.2000 PASSED BY THE GOVT. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 338 of 2001 (M) ======================= Dated this the 18th day of January, 2008 JUDGMENT The petitioner is the manager of SVDUP School Purakkad. He appointed the 6th respondent to a vacancy of UPSA which arose in the school on 1.8.1998. The AEO by Ext.P3 order directed the petitioner to appoint the 5th respondent to that vacancy and refused to approve the appointment of the 5th respondent. Petitioner's appeal against Ext.P3 was allowed by the DEO by Ext.P4 order. In the revision petition filed by the 5th respondent before the Government, by Ext.P5 order petitioner was directed to give reappointment to the 5th respondent in the school. Petitioner therefore, challenges Exts. P3, P4 and P5 orders in this original petition. 2. I am not inclined to go into legal nuances of the rival contentions in the matter because admittedly 5th respondent is now working as a PD teacher in Government Higher Secondary School, Vallanad, I am inclined to accept the contention of the O.P. No. 338/2001/M -2- petitioner that an appropriate order of appointment was issued to the 5th respondent, consequent to which he has not joined duty. The salary of a PD teacher in a Government School and a UPSA in an aided school are the same. That being so, the claim of the 5th respondent need not now be considered in so far as the 6th respondent has been appointed to the post and he is continuing for the last 8 years. In the above circumstances, Exts. P3 and P5 orders are quashed and the 4th respondent is directed to approve the appointment of the 6th respondent and disburse consequential monetary benefits to him within a period of two months from the date of receipt of a copy of this judgment. The original petition is allowed as above. S.SIRI JAGAN, JUDGE jp