IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 32735 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------ 1. JINITHA.A.M. AGED 25 YEARS, W/O. M.N.AJITHKUMAR, UPPER PRIMARY SCHOOL ASSISTANT, HIGHER SECONDARY SCHOOL, VALAYAMCHIRANGARA,PERUMBAVOOR, ERNAKULAM DISTRICT. 2. M.SANKAR, UPPER PRIMARY SCHOOL ASSISTANT, HIGHER SECONDARY SCHOOL, VALAYAMCHIRANGARA,PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS.MR.V.A.MUHAMMED, MR.K.E.HAMZA, MR.T.V.VIJAYARAJAN, MR.M.SAJJAD. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE MANAGER, HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. 4. U.K.SULATHA, U.P.S.A, HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. Kss ...2/- ...2..... WPC.NO.32735/2008 V 5. ARUN.C., U.P.S.A, HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. 6. AJITHA KUMARI, U.P.S.A, HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. 7. BINDU.S.NAIR, U.P.S.A,HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. 8. DHANESH KUMAR K.P., U.P.S.A,HIGHER SECONDARY SCHOOL,VALAYAMCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD R3 BY ADV.MR.T.A.UNNIKRISHNAN, MR.K.SATHEESH KUMAR. R4 TO R8 BY ADV.MR.P.P.BIJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32735/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS) NO.275/99/G.EDN. DTD. 9/11/99. EXT.P2: COPY OF THE ORDER NO.B4/4947/08/K.DIS. OF D.E.O. DTD. 26/08/08. EXT.P3: COPY OF THE REPRESENTATION OF THE PETITIONERS DTD. 23/09/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No.32735 of 2008 ====================================== Dated this the 26th day of February 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioners, Sri.Muhamood T.T., the learned Government Pleader appearing for respondents 1 and 2, Sri.T.A.Unnikrishnan, the learned standing counsel appearing for the third respondent and Sri.P.P.Biju, the learned counsel appearing for respondents 4 to 8. 2. The petitioners are teachers working in the third respondent's school. The petitioners were appointed against vacancies anticipated to arise during the academic year 2006- 2007. The District Educational Officer declined to approve their appointments, though the appointments of respondents 4 to 8, who were appointed later were approved. The petitioners thereupon moved the District Educational Officer and thereafter filed W.P.(C) No.20727 of 2008 in this Court. By judgment delivered on 10.7.2008, this Court directed the District Educational Officer to consider their representations and pass orders thereon. 3. Pursuant to the direction issued by this Court, the District Educational Officer heard the parties including the petitioners and respondents 3 to 8 and passed Ext.P2 order dated 26.8.2008 directing the Manager to accommodate the petitioners W.P.(C)No.32735 of 2008 2 in the regular vacancies, that arose after 14.6.2006. In this Writ Petition, the petitioners seek implementation of the direction issued by the District Educational Officer in Ext.P2. The learned counsel appearing for the third respondent Manager and the learned counsel appearing for respondents 4 to 8 submit that challenging Ext.P2, the Manager has filed an appeal before the Deputy Director of Education and that the appeal is posted for hearing to 28.2.2009. The learned counsel submits that in that view of the matter, the petitioners cannot now seek implement ion of Ext.P2 as it has not become final. 4. In view of the fact that Ext.P2 is under challenge in appeal, the reliefs prayed for by the petitioner cannot now be granted. Since Ext.P2 operates in favour of the petitioners, the Deputy Director will have to necessarily hear them also before orders are passed in the matter. I accordingly dispose of this Writ Petition with a direction to the Deputy Director of Education to hear the petitioners and respondents 3 to 8 before passing orders on the appeal filed by the third respondent Manager from Ext.P2. The Deputy Director of Education shall adjourn the hearing scheduled to be held on 28.2.2009, to another date, issue notice to the petitioners and respondents 3 to 8 and pass orders on the appeal, after affording them an opportunity of being heard. Final W.P.(C)No.32735 of 2008 3 orders in the matter shall be passed within two months from the date of receipt of a certified copy of this judgment. The petitioners shall with a view to enable the Deputy Director of Education to pass orders in the matter, produce a certified copy of this judgment before him. The contentions of the parties on the merits are kept open. This Writ Petition is disposed of as above. No costs. P.N.RAVINDRAN, JUDGE css/