IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 7541 of 2010(P) ------------------------- PETITIONER(S): --------------- 1. JIBIN JACOB, U.P.S.A FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL PUTHUPPADY, MUVATTUPUZHA. 2. REMYA KURIAKOSE, U.P.S.A FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL PUTHUPPADY, MUVATTUPUZHA. P.O PUTHUPPADY. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM. 2. THE MANAGER FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY, MUVATTUPUZHA. GOVERNMENT PLEADER NISHA BOSE FOR R1 SRI.PRADEEP KRISHNA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7541 of 2010 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DT.6/5/1978 ISSUED BY THE DPI EXT.P2 TRUE COPY OF THE APPOINTMENT ORDER DT.1/6/2009 OF 1ST PETITIONER. EXT.P3 TRUE COPY OF THE APPOINTMENT ORDER DT. 1/6/2009 OF THE 2ND PETITIONER. EXT.P4 TRUE COPY OF THE JUDGMENT DT.18/11/2008 IN WPC 15099/2007 OF THIS COURT. EXT.P5 TRUE COPY OF THE JUDGMENT DT.12/12/2008 IN WA NO.2374/2008 OF THIS COURT. EXT.P6 TRUE COPY OF THE JUDGMENT DT.6/2/2009 IN SLP CIVIL NO.1845/2009 OF THE HON'BLE SUPREME COURT. EXT.P7 TRUE COPY OF THE REPRESENTATION DT.1/6/2009 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P8 TRUE COPY OF THE PETITION DT.1/6/2009 SUBMITTED BY SRI PRASAD P.VARGHESE BEFORE THE SUB INSPECTOR OF POLICE KOTHAMANGALAM. EXT.P9 TRUE COPY OF THE INTERIM ORDER DT.18/7/2007 IN WPC 22131/2007 OF THIS COURT. EXT.P10 TRUE COPY OF THE JUDGMENT DT.17/11/2009 IN WPC 15983/2009 ETC. OF THIS COURT. EXT.P11 TRUE COPY OF THE ORDER DT.13/1/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P12 TRUE COPY OF THE NOTICE DT.7/9/2010 ISSUED BY DR.P.V.JOSEPH RESPONDENTS' EXTS: EXT.R2(a) TRUE COPY OF THE RELEVANT PAGES OF ATTENDANCE REGISTER MAINTAINED IN THE SCHOOL. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7541/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of August, 2011 J U D G M E N T Both the petitioners are aggrieved by Ext.P11 order to the extent to which the approval of their appointment is granted only on daily wage basis from 01/06/2009. The dispute arose with regard to the Management of the school, namely, Father Joseph Memorial Higher Secondary School, Puthuppady. One Shri P.J.Varkey had established the said school. He had two children, namely, Shri P.V.Joseph and Shri Prasad P.Varghese apart from the widow Smt.Sosamma Varkey. Rules were framed and approved under Chapter III Rule 2 of the Kerala Education Rules for the administration of the school. Initially, Shri Prasad P.Varghese was elected as the Manager of the school on 06/05/1978 which was approved by the Educational Authorities as per Ext.P1. 2. The first petitioner was appointed by the said Manager in a vacancy which arose on 01/04/2009 due to the retirement of one Smt.Lathika Kumari K.N., Upper W.P.(C). No.7541/2010 -:2:- Primary School Assistant. The second petitioner was appointed as per Ext.P3 order, in a promotion vacancy of one Smt.Smitha, U.P.S.A who was promoted as High School Assistant (Social Science) in a retirement vacancy which arose on 06/03/2009. Their case is that both the petitioners, after appointment, even though were attending the school, Shri P.V.Joseph who claimed the post of Manager of the school prevented them from entering the school. Subsequent disputes have also arisen in terms of the various claims and counter claims in the matter. Finally, the disputes were settled between the two brothers which have been recorded in Ext.P10 Judgment of this Court and the terms of the compromise are evident from para.3 of the said Judgment. Therein, various conditions have been provided regarding the management of the school. With regard to the appointments made by the respective managers, clause 3 of para.3 of Ext.P10 states as follows:- “At present, there are four vacancies in the High School wing of the school. Two of them W.P.(C). No.7541/2010 -:3:- shall be filled up by the nominees of the appellant and the remaining two by the nominees of the 1st respondent.” The appellant mentioned therein is therefore, Shri P.V.Joseph and the first respondent mentioned is Shri Prasad P.Varghese. Thereafter, the Educational Officers passed orders with regard to the grant of approval as evident from Ext.P11. Approval has been granted in respect of the two teachers appointed by Shri P.V.Joseph with effect from 01/06/2009. But, with regard to the appointments made by Shri Prasad P.Varghese, of the petitioners herein, the approval is restricted from 18/01/2010 on daily wages and from 01/06/2010 on regular basis. 3. A counter affidavit has been filed by the first respondent as directed by this Court. The present Manager Shri Prasad P.Varghese has also filed a counter affidavit. 4. The learned counsel for the petitioners submitted that the petitioners are entitled for W.P.(C). No.7541/2010 -:4:- approval of appointment from the respective dates, as they were prevented by Shri P.V.Joseph from marking their attendance in the regular attendance register. But, they have marked their attendance in a separate register. With regard to this aspect, the affidavit of the Manager, namely, the second respondent shows the following:- “......... As on 01/06/2009, when Exts.P2 and P3 orders were issued by me appointing the petitioners, I was continuing as approved Manager. It was only after Ext.P10 Judgment was rendered by this Court, Dr.P.V.Joseph could assume office of the Manager of the School. After I appointed the petitioners as U.P.S.As, the petitioners though were attending the school, Dr.P.V.Joseph illegally prevented them from marking their attendance in the official register. Hence, both the petitioners have been marking their attendance in a separate register maintained by me. True copy of the relevant pages of the said W.P.(C). No.7541/2010 -:5:- register is produced herewith and marked as Ext.R2(a).........” 5. Evidently, the petitioners are also party to Ext.P10 Judgment. Therefore, they are beneficiaries of the same and this Court has directed to fill up two vacancies by the nominees of the second respondent herein, going by the conditions therein. The petitioners, naturally, will have to be approved based on the appointments made. 6. Therefore, there will be a direction to the first respondent to pass orders regarding the grant of approval in the light of the averments made by the second respondent in the counter affidavit which are extracted above and after perusing the attendance register maintained by the second respondent from the respective dates shown in the appointment orders, after hearing the petitioners and the second respondent, within a period of two months from the date of receipt of a copy of this Judgment. The modified orders regarding the approval granted will be issued W.P.(C). No.7541/2010 -:6:- accordingly. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms