IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 31974 of 2009(N) -------------------------- PETITIONER: --------------- RANJIT A, FULLA TIME MENIAL, J.J. V.H.S. SCHOOL, AMBALATHUMBHAGAM, PORUVAZHI, SASTHAMCOTTA. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICE, KOTTARAKKARA. 4. THE MANAGER, JAYA JYOTHI V.H.S,SCHOOL, AMABALTHUMBHAGAM, PORUVAZHI, KOLLAM, SASTHAMCOTTA DISTRICT. BY GOVT PLEADER SRI. MUHAMOOD T.T FOR R1 - R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31974 of 2009 -------------------------- Dated this the 23rd November,2009 J U D G M E N T Petitioner herein is aggrieved by the delay in granting approval of appointment of the petitioner as a Full-time Menial in the school in question. Petitioner was appointed as Full Time Menial on 5.2.2009 in the vacancy of Sri.Mony T.S, who was promoted as Peon with effect from 5.2.2009. Ext.P1 is the copy of the said appointment order. 2. It is the case of the petitioner that the Manager had already appointed a part-time H.S.A (Malayalam) protected teacher in the school going by Ext.P3 order. The same has been approved as per Ext.P4. Petitioner submitted Ext. P6 application before the Pubic Information Officer to get various details. Ext.P7 reply was given by the Public Information Officer of the D.P.I, wherein, it is stated that in Kottarakara Educational District there is no protected Full Time Menial available for re-deployment. W.P ( C) No.31974 of 2009 2 3. In the statement filed on behalf of the 3rd respondent, it is averred in paragraph 3 that there is no protected Full time Menial in the Educational District or in the Revenue District. But there are several protected non teaching staff including Full Time Menial available in the other Revenue Districts. 4. Going by the express provision in Rule 6 (viii) Chapter V, K.E.R the obligation of the Manager is only in terms of the said provision. Therefore, the appointment of a protected teacher from any other Revenue District cannot be imposed on against the Manager. The said legal position has been declared by this Court in the judgment in W.P (C) No.4623 of 2009., 5. Therefore, in the light of the fact that there is no protected Full time Menial available in the Educational District or in the Revenue District, the approval of the appointment cannot be declined on that ground. 6. There will be a direction to the 3rd respondent to pass orders on the approval of appointment in the light of the above finding within a period of one month from the date of receipt of a copy of this judgment. Petitioner will W.P ( C) No.31974 of 2009 3 be entitled to monetary benefits in terms of the order of approval. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.31974 of 2009 4