IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 33915 of 2010(L) -------------------------- PETITIONER(S): --------------- NELBERN DURANDO W/O.ANTONY JOHNSON DISILVA,AGED 35 YEARS FULL TIME MENIAL, C C P L M A I HIGH SCHOOL PERUMANOOR, KOCHI 682 015. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM -14 3. THE DEPUTY DIRECTOR OF EDUCATION' KAKKANAD ,ERNAKULAM DISTRICT 682 030 4. THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM DISTRICT -11 5. THE CORPORATE MANAGER CENTRAL BOARD OF ANGLO INDIAN EDUCATION PERUMANOOR, KOCHI 682 015. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.33915 of 2010 --------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT The petitioner was appointed as Full Time Menial in L.A.I. High School, Soude against a promotion vacancy. The District Educational Officer declined approval to the appointment of the petitioner as per Exhibit P1 order dated 12.5.2008. On appeal by the Manager, the Deputy Director of Education dismissed the appeal as per Exhibit P2 order dated 15.1.2009. The Director of Public Instruction, on further appeal by the Manager, passed Exhibit P3 order dated 25.1.2010 confirming the order passed by the authorities below. Exhibit P3 order was challenged by the petitioner in Exhibit P7 revision dated 15th February, 2010 before the Government. Exhibit P7 is pending disposal. 2. The reason for declining approval to the appointment of the petitioner was that a protected hand was not appointed. The petitioner contended that the various WPC No.33915/2010 2 Government Orders issued in the matter relating to the appointment of protected teachers do not relate to non teaching staff. The learned Government Pleader submitted that going by the agreement executed by the Manager under Rule 6(viii) of Chapter V KER, the stipulations contained in the Government Orders would apply to non teaching staff as well. 3. The reliefs prayed for in the Writ Petition are the following : “(i) Call for the records relating to Exhibits P1, P2 and P3 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the fourth respondent District Educational Officer, Ernakulam to approve the appointment of the petitioner as Full Time Menial from 18.6.2007 onwards and disburse salary and allowances forthwith. WPC No.33915/2010 3 (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to effectively consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied, if relief No. (iii) is granted leaving open all the contentions raised in the Writ Petition. Accordingly, the Writ Petition is disposed of as follows : The first respondent shall consider and dispose of Exhibit P7 revision field by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity WPC No.33915/2010 4 of being heard to the petitioner, the fifth respondent and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the fifth respondent by registered post and he shall produce proof the same before the first respondent. K.T.SANKARAN JUDGE csl