IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 30451 of 2010(F) ---------------------------------- PETITIONER(S): ------------------- VINEETHA.P.M, WORKING AS UPSA AT SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680 701. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA - 680 121. 5. THE MANAGER, SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. 6. PREENA.K.P., KATTUKANDATHI HOUSE, KUMBIDY, POOVATHUSSERY P.O., NOW WORKING AS UPSA AT SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. 7. ANJU.K.K., EDATHIL PARAMBIL, PALISSERY, ANNAMANADA P.O. NOW WORKING AS UPSA AT SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. svs. .............2/-... ...2... WPC. NO.30451/2010 8. SANDHYA.K.K., PARAYAVILAPPIL, PALISSERY P.O., NOW WORKING AS UPSA AT SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. 9. SINDHU.M.P., KURINJILKADAN HOUSE, KUTTICHIRA, NOW WORKING AS UPSA AT SNDP HSS, PALISSERY, ANNAMANADA P.O., THRISSUR-680 741. R1 TO R4 BY GOVT.PLEADER SRI.T.T.MUHAMOOD R5 BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV. SRI.S.SUJIN R6 BY ADV. SRI.PAULSON THOMAS R7-9 BY ADV. SRI.ANTONY VARKEY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, ALONG WITH WPC NO. 31320 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. W.P.(C). NO. 30451/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DATED 12/06/2006. P2: COPY OF THE ORDER OF D.E.O., IRINJALAKUDA DATED 05/12/2006. P3: COPY OF THE ORDER 26/04/2007. P4: COPY OF THE ORDER OF DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM DATED 20/05/2008. P5: COPY OF THE APPOINTMENT ORDER DATED 12/07/2006. P6: COPY OF THE ORDER DATED 05/12/2006 ISSUED BY THE 4TH RESPONDENT. P7: COPY OF THE ORDER DATED 29/05/2007 ISSUED BY THE 4TH RESPONDENT. P8: COPY OF THE ORDER DATED 20/05/2008 ISSUED BY THE 2ND RESPONDENT. P9: COPY OF THE APPOINTMENT ORDER DATED 01/06/2007. P10: COPY OF THE ORDER DATED 21/12/2007. P11: COPY OF THE APPOINTMENT ORDER DATED 15/06/2007. P12: COPY OF THE APPOINTMENT ORDER DATED 21/12/2007. P13: COPY OF THE APPOINTMENT ORDER DATED 27/02/2007. P14: COPY OF THE REVISION PETITION DATED 06/03/2010. P15: COPY OF THE JUDGMENT IN WPC. NO.8966/2010 DATED 18/03/2010. P16: COPY OF THE ORDER DATED 14/09/2010. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE SENIORITY LIST OF UPSA IN SNDPHSS, PALISSERY. R1(b):A SAMPLE OF FORM NO.27. svs. ..........2/-... ...2... WPC. NO.30451/2010 R1(c):JUDGMENT OF HONOURABLE HIGH COURT IN WIRT APPEAL 2870/09 DATED 17/12/2009. R5(a):COPY OF THE BOND EXECUTED BY THE 5TH RESPONDENT. R6(a):COPY OF THE APPOINTMENT ORDER. R6(b):COPY OF THE CHANGE OF STAFF STATEMENT. R6(c):COPY OF THE PROCEEDINGS OF THE D.E.O. DATED 05/12/2006. R6(d):COPY OF THE JUDGMENT IN WA. 2870/2009. R5(e):COPY OF THE ORDER IN WPC. NO.28721/2009 DATED 06/11/2009. /TRUE COPY/ P.A. TO JUDGE. svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.30451/2010-F & 31320/2010-L ----------------------------------------------------- DATED THIS THE 7th DAY OF APRIL, 2011 J U D G M E N T The petitioner in W.P.(C)No.30451/2010 approached this Court seeking to quash Exhibit P16. Exhibit P16 is an order whereby the Government cancelled the approval granted to the petitioner. In W.P.(C)No.31320/2010, the petitioner is seeking for a direction to respondents 4 and 5 to ensure that Exhibit P4 Government order is implemented and approval is granted to the petitioner against the first regular vacancy of UPSA that arose with effect from 1.4.2009. 2. The Government has subsequently issued G.O.(P) No.10/10/G.Edn. dated 12.1.2010 lifting ban of appointments and regarding the conditions to be complied with by the Manager for filling up vacancies and approving appointments. The learned counsel for the Manager submitted that already the Manager has filed a declaration, a copy of which has been produced in W.P.(C) No.30451/2010 as Exhibit R5(a). W.P.(C)Nos.30451 & 31320/10 -2 3. Both parties agree that the Writ Petitions can be disposed of directing the District Educational Officer to take appropriate action with regard to the grant of approval in the light of the declaration made by the Manager as per Exhibit R5 (a). 4. In the light of the above, the Writ Petitions are disposed of in the following manner: 5. Since petitioner in W.P.(C)No.31320/2010 (6th respondent in W.P.(C)No.30451/2010) and respondents 7 to 9 in W.P.(C)No.30451/2010 have been appointed from the year 2006 onwards in earlier vacancies and the ban order issued as per G.O. (P)No.317/05/G.Edn. dated 17.8.2005 was relied on to reject approval, obviously their grievances will be redressed if approval orders are issued in terms of G.O.(P)No.10/10/G.Edn. dated 12.1.2010 as per the bond executed by the Manager as per the original of Exhibit R5(a). It is made clear that I have not expressed anything about the inter se dispute between the parties as regards seniority and other claims. All such contentions are left open. W.P.(C)Nos.30451 & 31320/10 -3 6. Exhibit P16 produced in W.P.(C)No.30451/2010 is quashed. Appropriate orders will be passed by the District Educational Officer with regard to the approval of appointment of the parties, after hearing the petitioners and the Manager within a period of two months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE dsn