IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 30610 of 2006(R) -------------------------- PETITIONER: ------------ FEMEDA V.P., HSST CHEMISTRY, M.S.M.H.S.S., KALLINGAPARAMBA, MALAPPURAM. BY ADV. SMT.V.P.SEEMANDINI (SR.) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM. 3. THE MANAGER, MSM H.S.S., KALLINGAPARAMBA. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R3 BY SHRI.V.B.HARINARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 30610/2006. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPOINTMENT ORDER DTD.23.1.2003. P2. COPY OF THE ORDER DTD.27.1.2004 BY R2. P3. COPY OF THE GOVT. ORDER DTD.7.7.2006. Sdk+ ///True copy/// P.A. to Judge. S.SIRI JAGAN, J. ====================== W.P.(C).No.30610 of 2006 ====================== Dated this the 7th day of January, 2008 J U D G M E N T The petitioner was appointed as Higher Secondary School Teacher in the third respondent's school in a resignation vacancy of Smt.Sindu Ramanan, with effect from 23.1.2003. However, by Ext.P2 order, the 2nd respondent approved the same only with effect from 30.6.2003. This was challenged by the petitioner before the Government and the Government, by Ext.P3 order, rejected the petitioner's claim on the ground that the vacancies duration of which is two months or less are not liable to be filled up by any appointment. Petitioner's contention is that the vacancy to which the petitioner was appointed on 23.1.2003 is not a vacancy duration of which was less than 2 months, but it was a resignation vacancy of permanent nature. The petitioner, therefore, seeks quashing of Exts.P2 and P3 to the extent it is against the petitioner and seeks a direction to the 2nd respondent to approve the petitioner's appointment with effect from 23.1.2003. w.p.c.30610/06 2 2. The learned Government Pleader submits that the duration of the vacancy for the year 2002-2003 is only till the end of March, 2003 and therefore, for that year vacancy is for less than two months and therefore, the petitioner is entitled to approval for her appointment only with effect from the next academic year and that is why the petitioner's appointment was approved only with effect from 30.6.2003. 3. I do not think that the contentions of respondents 1 and 2 can be accepted. Admittedly, the vacancy to which the petitioner has been appointed with effect from 23.1.2003 is a resignation vacancy of a permanent teacher, which arose on 23.1.2003. Therefore, the petitioner's appointment can only be with effect from 23.1.2003 till that vacancy exists. There is also a fallacy in approving the appointment with effect from 30.6.2003. Even assuming that the contentions of respondents 1 and 2 can be accepted, which I do not, the academic year starts from 1.6.2003 and therefore, even in that case, approval should have been with effect from 1.6.2003. In any event, since a permanent vacancy arose on 23.1.2003 to which only the petitioner has been appointed, the petitioner is entitled for approval of such w.p.c.30610/06 3 appointment with effect from that date only. Accordingly, this writ petition is allowed and Ext.P2 to the extent it limits the petitioner's approval from 30.6.2003, and Ext.P3 are quashed. The 2nd respondent is directed to approve the appointment of the petitioner with effect from 23.1.2003 and to disburse arrears of salary within two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE