IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 24817 of 2007(D) -------------------------- PETITIONER: ------------ PREETHA V.PANAKKAL, DRAWING TEACHER, M.U.P. SCHOOL, PONNANI. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SRI.T.R.RAJESH SMT.K.P.GEETHA MANI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE ASST.EDUCATIONAL OFFICER, PONNANI. 3. THE MANAGER, MI HIGH SCHOOL FOR GIRLS, PONNANI, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. T.T.MAHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24817 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT SOCIAL WELFARE OFFICER, TRICHUR DATED 10.12.2003. EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER DATED 15.7.1997. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 24.1.2007 IN W.P.(C) NO. 30752/2005. EXT.P4: TRUE COPY OF THE G.O.(RT) 3112/2007/G.EDN. DATED 06.07.2007. EXT.P5: TRUE COPY OF THE G.O.(RT) 749/05/G.EDN DATED 18.2.2005. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24817 OF 2007 ---------------------------------------- Dated this the 29th day of January, 2008 JUDGMENT The petitioner is a handicapped person. She was appointed as a Drawing Teacher with effect from 15.7.1996. However the Educational Officer cancelled that post pursuant to higher level verification. Therefore the appointment was not approved. Thereafter a vacancy arose on 19.5.1997. The petitioner was appointed to that post only on 15.7.1997. Subsequently on account of reduction in staff strength the petitioner had to be retrenched from service. According to the petitioner, the petitioner is entitled to benefits of orders granting protection to teachers, who were appointed on or before 14.7.1997, since the petitioner was actually entitled to appointment on 19.5.1997 and only because of the delay of the Manager in issuing appointment order, her appointment was delayed till 15.7.1997 resulting in the petitioner being deprived of benefit of protection. The petitioner therefore seeks the following reliefs: W.P.(c) No.24817/07 2 “a) to issue a writ of certiorari or other appropriate writ order or direction to call for the records leading to Ext.P4 order issued by the 1 st respondent and to quash the same; b) to issue a writ of mandamus or other appropriate writ order or direction directing the respondents to grant benefit of protection to the petitioner considering her long approved service by invoking power under Rule 3 Chapter I KER”. 2. Learned Government pleader has now made available to me a copy of G.O. (Rt) No. 384/08/G.Edn dated 18.1.2008, whereby the Government has decided to grant protection to the petitioner. However the petitioner submits that she is entitled to monetary benefits retrospectively. Accordingly this writ petition is disposed of in terms of the said Government order. However, I reserve liberty to the petitioner to challenge the said G.O., appropriately, if she is aggrieved by any part of the same. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.24817/07 3