IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 OP.No. 22688 of 1998(A) --------------------------------- PETITIONER(S): ------------------------- REMA MANIKKOTH PUTHUPARAMBAN, KOTOLIPRAM, PATTANNUR P.O., KANNUR DISTRICT. BY ADVS. MR.M.VIJAYAKUMAR MR.M.RAMESH CHANDER RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY SECRTARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. DISTRICT EDUCATIONAL OFFICER, KANNUR 4. SECRETARY, PADIYOOR KALLIAD GRAMA PANCHAYAT AND MANAGER , PADIYOOR KALLIAD GRAMA PANCHAYAT SCHOOL, P.O.PADIYOOR, KANNUR DISTRICT. BY GOVT. PLEADER MR.V.K.SHAMSUDDIN ADV. MR.PIRAPPANCODE V.S.SUDHIR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.39976/1998 IN OP. NO.22688/1998 DISMISSED 23/05/2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER NO.23/95, DT. 17.10.96. P2:- COPY OF THE PROCEEDINGS OF THE DISTRICT EDL. OFFICER, KANNUR, ORDER NO.B1/12998/98 DT. 11.12.97. P3:- COPY OF THE REPRESENTATION. P4:- COPY OF THE ORDER NO.K.DIS B4-33107/97 DT. 12.3.98. P5:- COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER. P6:- COPY OF THE JUDGMENT IN OP. NO.9960/97 IN THE HIGH COURT OF KERALA AT ERNAKULAM DT. 11.6.97. P7:- COPY OF THE GOVT. ORDER NO.218/95 DT., 6.10.95. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.22688 of 1998-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2009. JUDGMENT The petitioner was appointed in the school managed by the 4th respondent as per Ext.P1, for the period from 17.10.1996 to 31.3.1997. The petitioner had approached this court earlier by filing O.P.No.10531/1997 seeking for a direction to the Assistant Educational Officer to consider the grant of approval for the appointment. The said issue was considered in Ext.P2, wherein it was ordered that the petitioner is eligible for pay and allowances for the period from 17.10.1996 to 31.3.1997. It was further stated in Ext.P2 that the Education Department is not liable to pay salary since no appointment order has been received from the manager for approving the appointment. The petitioner again submitted a detailed representation before the Deputy Director of Education as per Ext.P3. Pursuant to the direction issued by this court, again the matter was considered and the District Educational Officer passed Ext.P5 order by which the appointment was approved as High School Assistant (Social Studies) purely as a temporary one with a condition that the teacher is not eligible for any future claims in the school. The petitioner is challenging op 22688/1998 2 Ext.P7 Govt. Order relied upon by the respondents to deny the benefit. 2. A Full Bench of this court in Manager, Trikkur Panchayat Sarvodaya High School v. Suma (2003 (2) KLT 62), has considered the rights of teachers appointed in Panchayat schools and specifically their right under Rule 51-A of Chapter XIV-A K.E.R. It was held that Ext.P7 order is valid and the persons appointed in terms of the order dated 6.10.1995 are not entitled for the benefit under Rule 51-A. 3. Even though the petitioner had sought for an interim direction in C.M.P.No.39976/1998, there was no direction to appoint the petitioner in the 4th respondent's school pending the original petition. 4. Heard learned Standing Counsel appearing for the 4th respondent Panchayat also. 5. The 4th respondent has filed a counter affidavit stating that the petitioner was appointed as High School Assistant only on a temporary basis, though the vacancy was a permanent one. It is contended that since the petitioner was aware about the terms and conditions of appointment and has accepted the said condition without any demur, she cannot turn round and claim other benefits. 6. Since the issue is covered against the petitioner by the Full Bench op 22688/1998 3 decision in Trikkur Panchayat Sarvodaya High School's case (2003 (2) KLT 62), the petitioner is not entitled for any reliefs in this writ petition and the same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/ op 22688/1998 4 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No.22688 of 1998-A - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 23rd day of May, 2009.