IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 13904 of 2008(E) -------------------------- PETITIONER(S): ----------------------- CORPORATE MANAGEMENT OF SCHOOL, DIOCESE OF KANJIRAPPALLY, REP. BY ITS CORPORATE MANAGER, THROUGH ITS POWER OF ATTORNEY HOLDER, FR.JOHN VETTUVAYALIL. BY ADV. MR.M.P.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT. 4. SRI JAISON SEBASTIAN, PEON, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, PERUVANTHANAM. BY ADV. MR.V.A.MUHAMMED FOR R4 SR. GOVERNMENT PLEADER MR.T.T.MUHAMOOD FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, ALONG WITH WPC NO. 14045 OF 2008 WPC NO. 20723 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.13904/2008-E, 14045/2008-V 20723/2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2009. JUDGMENT The writ petitions concern the dispute regarding seniority between the petitioners in Writ Petition Nos.14045/2008 and 20723/2008. The petitioner in writ petition No.13904/2008 is the Corporate Management. The petitioner in Writ Petition No.20723/2008 is a Rule 51-A claimant. 2. Mainly, it is contended by the petitioners in W.P.(C) No.20723/2008 that while settling the seniority, the writ petitioners' claim was not properly considered by the management. Ultimately, the Director of Public Instruction by Ext.P10 and the Government by Ext.P12, issued orders in his favour. As per Ext.P10, the Director of Public Instruction directed the manager to re-arrange the appointment of the petitioner and also other juniors whose appointments were happened to be approved. This was upheld by the Government by Ext.P12 which is under challenge by the management in Writ Petition No.13904/2008 and other members of the staff, in Writ Petition No.14045/2008. 3. Along with I.A.No.4847/2009 in Writ Petition No.20723/2008, an wpc 13904/08, 14045/08 & 20723/08 2 agreement dated 26.3.2009 has been produced whereby the parties have agreed to settle the matter in accordance with the specific terms contained therein. It is submitted that all the parties in the three writ petitions are signatories to the said agreement. It is stated in para 6 of the said agreement that the parties in the agreement further agreed to settle the writ petitions W.P.(C) 14045/2008, W.P.(C) 13904/2008 and W.P.(C) 20723/2008 in terms of the agreement. Going by the terms of the agreement, the parties have agreed to abide by the orders passed by the Director of Public Instruction and the Government by assigning seniority to the petitioner in Writ Petition No.20723/2008, as Full Time Menial with effect from 7.12.1999 and promotion as Peon with effect from 1.12.2004 and as Clerk with effect from 1.11.2006. It is provided that the writ petitioner agreed to accept the appointment in the cadre of Full Time Menial with effect from 7.12.1999 and promotion as Peon with effect from 1.12.2004 on notional basis and promotion as Clerk from 1.6.2006 under the management and he is eligible to receive salary in the cadre of Clerk with effect from 1.11.2006. 4. Therefore, the writ petitions are disposed of in terms of Ext.P14 in Writ Petition No.20723/2008. The Manager is directed to implement Exts.P10 and P12 in Writ Petition No.20723/2008, passed by the Director of wpc 13904/08, 14045/08 & 20723/08 3 Public Instruction and the Government as agreed to in Ext.P14 and in accordance with the terms agreed to. Consequential orders will be passed by the District Educational Officer within a period of one month from the date of receipt of a copy of this judgment and the benefits will be disbursed to the petitioner in Writ Petition No.20723/2008, within a further period of one month thereafter. The petitioners in Writ Petition No.14045/2008 also will be entitled for admissible salary which will be disbursed within a period of four weeks from the date of passing of fresh order by the District Educational Officer. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/