IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 15455 of 2011(F) -------------------------------- PETITIONERS: ---------------- 1. SUKHI RADHA N., 25 YEARS, D/O.NARENDRAN, LPSA, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD, R/AT. KADAMBATHORI VEEDU, PANANGATTIRI, PALAKKAD. 2. SHALINI P.C., AGED 37 YEARS, D/O.CHANDRAN, LPSA, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD. 3. BEENA C.V., AGED 32 YEARS, D/O.VELAYUDHAN, LPSA, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD. 4. RAGHI P., 28 YEARS, D/O.M.NARAYAAN, LPSA, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD. 5. VEENA D., AGED 22 YEARS, D/O.DEVADASAN, LPSA, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. WP(C).No. 15455/2011 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD-678506. 5. THE MANAGER, A.U.P.SCHOOL, PANANGATTIRI, PALAKKAD-678506. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15455 OF 2011 --------------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T The petitioners herein are awaiting approval of their appointment as Lower Primary School Assistants in the school managed by the 5th respondent. The petitioners have been appointed as per Exts.P1 to P1(d) appointment orders on various dates. It is pointed out that all the appointments were against new divisions/retirement vacancies during the respective academic year. The appointments were not approved in the light of the ban order issued by the Government as per G.O.(P) No.317/2005 dated 17.08.2005. 2. It is pointed out that the Government Order namely, G.O.(P)No.10/10/G.Edn. dated 12.01.2010 has lifted the ban and on submission of declaration by the Manager, appointments are liable to be approved. Ext.P2 is the copy of the declaration said to have been submitted by the Manager before the Educational Officer. It is also pointed out that the Educational Officer has not W.P.(C) No.15455/2011 2 granted approval since the Manager in the declaration has pointed out that it will be subject to the outcome of W.P.(C)No.9477/2010 challenging the validity of G.O.(P)No.10/ 10/G.Edn. dated 12.01.2010. Learned counsel for the petitioners submitted that the said objection cannot be sustained legally. 3. Reliance is placed on Ext.P3 interim order passed by this Court in W.P.(C) No.4653/2011 filed by the petitioners and Ext.P4 judgment in W.P.(C) No.14249/2011. In similar circumstances, this Court in Ext.P4 judgment has made it clear that the submission in the declaration filed by the Manager that the same will be subject to the outcome of W.P.(C) No.9477/2010 need not deter the Assistant Educational Officer from passing appropriate orders in the matter. 4. Herein also the situation is the same. Therefore, there is no legal embargo for considering the proposal for approval of appointment and taking a decision in terms of G.O.(P)No.10/10/ G.Edn. dated 12.01.2010. The right of the Manager to avail of legal remedies will be there even if a declaration is submitted. Therefore, there will be a direction to the Assistant W.P.(C) No.15455/2011 3 Educational Officer to take a decision, if the original of Ext.P2 has already been received, in accordance with G.O.(P)No.10/ 10/G.Edn. dated 12.01.2010, within a period of one month from the date of receipt of a copy of this judgment. The petitioners will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. Sd/- T.R. RAMACHANDRAN NAIR JUDGE smp // True Copy // P.A. to Judge.