IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 28711 of 2010(L) --------------------- PETITIONER : --------------------- P.M.FEMINA, AGED 42 YEARS, W/O.P.H.AKBAR KHAN, PULIMOOTTIL HOUSE, MUNDIERUMA, KALLAR P.O., IDUKKI DISTRICT. BY ADVS. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA-685584. 4. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA-685508. 5. THE MANAGER, N.H.P.S.S., PUTTADI, VANDAMEDU P.O. 685 551, IDUKKI DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI. T.T. MUHAMOOD R5 BY ADV. SRI.JOICE GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28711 of 2010(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF APPOINTMENT ORDER DATED 8.8.1997. EXT.P2 : COPY OF ORDER DATED 14.07.1998 IN OP 9454/98 OF THIS HON'BLE COURT. EXT.P3 : COPY OF JUDGMENT DATED 30.3.2000 IN WP(C) 9454/98 OF THIS HON'BLE COURT. EXT.P4 : COPY OF COUNTER AFFIDAVIT FILED ON BEHALF OF 4TH RESPONDENT DATED 17.11.2001 IN W.A. 321/00. EXT.P5 : COPY OF THE TERMINATION ORDER DATED 23.9.2004 ISSUED BY THE 5TH RESPONDENT. EXT.P6 : COPY OF THE EXPERIENCE CERTIFICATE DATED 21.7.2005 ISSUED BY THE 5TH RESPONDENT. EXT.P7 : COPY OF REPRESENTATION DATED 31.10.08 GIVEN TO THE HON'BLE EDUCATION MINISTER. EXT.P8 : COPY OF GOVERNMENT ORDER NO. G.O.(MS) 225/09/G.EDN DATED 21.11.2009. EXT.P9 : COPY OF REPRESENTATION SUBMITTED BEFORE THE HON'BLE EDUCATION MINISTER DATED 2.12.2009. EXT.P10 : COPY OF REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT & OTHERS DATED 7.6.2010. EXT.P11 : COPY OF REMINDER DATED 12.7.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28711 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011. JUDGMENT The petitioner's right for regularisation in a Panchayat school, is the issue that remains to be resolved. 2. The petitioner was appointed in the fifth respondent's school through Employment Exchange, Kattappana and accordingly she joined there on 14.8.1997 as H.S.A. (Social Science). It appears that the claim for permanent appointment was pending before the various authorities. But the petitioner's service was terminated while the original petition filed before this Court was pending. The said original petition was disposed of by Ext.P2 judgment. The petitioner was reappointed on 14.9.1998, but was terminated on 31.3.1999. She was again appointed on 17.8.2000 and was continued till 23.9.2004, on which date again the petitioner's service was terminated. The petitioner again approached this Court and as per Ext.P3 judgment, the claim of the petitioner was directed to be considered in the light of Rule 51A of Chapter XIV-A K.E.R. In fact, in Ext.P3 judgment, this Court found that the petitioner is entitled for the benefit of Rule 51A. The petitioner filed Writ Appeal against Ext.P3 judgment in which Ext.P4 wpc 28711/2010 2 counter affidavit was filed by the Government, wherein her claim is admitted. 3. By Ext.P8 Govt. Order, the Government allowed regularisation of 86 teachers in various Panchayat schools. According to the petitioner, she is not given the benefit only because of the fact that she was not in service as on the date of the said Govt. Order. It is pointed out that the petitioner had a valid claim as she was similarly placed as that of the persons included in Ext.P8 order and in the light of the judgment in her favour. Learned Senior counsel appearing for the petitioner submitted that the termination of the petitioner was only for want of sufficient number of posts and it is the only ground which is now taken against the petitioner, which cannot be supported. 4. Detailing the grievances, the petitioner has filed Ext.P10 representation before the Government. It is up to the Government to take a decision on Ext.P10 after assessing various aspects. 5. Therefore, there will be a direction to the Government to take a decision on Ext.P10 after hearing the petitioner and the Manager of the school, and after calling for the related records, within a period of three wpc 28711/2010 3 months from the date of receipt of a copy of this judgment. 6. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. (T.R. Ramachandran Nair, Judge.) kav/