IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17000 of 2010(Y) -------------------------- PETITIONER: --------------- AJITH.G, S/O. GOPALAKRISHNAN PILLAI, H.S.S.T, GOVERNMENT H.S.S KURICHI, KOTTAYAM, ASHA BHAVANAM, EDAVANASSERY, MYNAGAPPALLY.P.O, KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): ------------------------ 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPURAM. 2. THE DIRECTOR, OFFICE OF THE DIRECTOR OFHIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE MANAGER, S.M.H.S.S PATHARAM, PATHARAM.P.O, SOORANADU, KOLLAM. 4. THE PRINCIPAL, GOVERNMENT H.S.S, KURICHY, KOTTAYAM. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 TO R3 ADV. SRI.JOHN JOSEPH VETTIKAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.17000/10 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER DT.18.9.01 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : COPY OF THEG.O.(MS)NO.91/07/G.EDN. DT.7.5.07. EXT.P3 : COPY OF THE ORDER NO.ACD.B3/18262/01 DT.3.8.07 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATIN TO THE 2ND RESPONDENT THROUGH PROPER CHANNEL TO THE 4TH RESPONDENT DT.30.10.07. EXT.P5 : COPY OF THE FORWARIDNG LETTER DT.30.10.0-7 ISSUED BY THE 4TH RESPONDENT. EXT.P6 : COPY OF THE REPRESENTATION MADE TO THE FIRST RESPONDENT DT.18.10.08. EXT.P7 : COPY OF THE REPLY DT.10.1.09 ISSUED BY THE 2ND RESPONDENT. EXT.P8 : COPY OF THE LETTER DT.18.6.03 ISSUED BY THE 3RD RESPONDENT. EXT.P9 : COPY OF THE LETTER DT.13.3.09 ISSUED TO THE 3RD RESPONDENT. EXT.P10 : COPY OF THE MEMO DT.19.5.09 ISSUED BY THE 3RD RESPONDENT MANAGER. EXT.P11 : COPY OF THE PROPOSAL ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DT.28.7.09. EXT.P12 : COPY OF THE LETTER DT.24.12.2009. EXT.P13 : COPY OF THE REMINDER DT.20.4.10 ISSUED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17000 Of 2010 -------------------------------------------------- DATED THIS THE 24TH DAY OF JUNE, 2011 J U D G M E N T The petitioner herein is working as Higher Secondary School Teacher in the Government Higher Secondary School, Kurichi, Kottayam. 2. The petitioner's tenure in the school started on 19.1.2005. Originally, the petitioner was appointed as HSST(Jr.)(Economics) in the S.M.H.S.S., Patharam under the 3rd respondent-Manager from 18.9.2001 in a regular vacancy as per Exhibit P1 appointment order. The appointment was approved with effect from 5.8.2002 only, in the light of G.O.(MS)No.199/2003/G.Edn. dated 24.7.2003. In the light of the judgment of this Court in various cases, a fresh order has been passed as per Exhibit P2. 3. In this Writ Petition, the petitioner seeks for a direction to approve the appointment of the petitioner as HSST in S.M.H.S.S., Patharam with effect from 18.9.2001 in the light of Exhibits P2 and P3 and on the basis of Exhibit P8 proposal. 4. Heard the learned counsel for the petitioner, the learned counsel appearing for the 3rd respondent and the learned Government Pleader. W.P.(C)No.17000/10 -2- 5. By Exhibit P12, the Director of Higher Secondary Education informed the 3rd respondent-Manager to forward a declaration to the effect that the petitioner was appointed in the absence of other SET qualified hands. Alleging that the approval has not been approved as such a direction has not been complied with by the Manager, this Writ Petition has been filed. 6. The learned counsel for the Manager submitted that a declaration has been submitted by the Manager on 17.5.2010 duly before the 2nd respondent in tune with the directions contained in Exhibits P12 and p13. 7. In that view of the matter, the 2nd respondent will take appropriate action to see that orders are passed on as sought for by the petitioner. Therefore, there will be a direction to the 2nd respondent to finalise the matter and pass appropriate orders within two weeks from the date of receipt of a copy of this judgment, since it is pointed out that the petitioner will have to submit the option in tune with the new pay revision order. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn