IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 15428 of 2002(J) ----------------------- PETITIONERS: ------------ 1. SANDHYA T.G., ELIPPAKKUZHI VEEDU, KAZHAKKUTTOM P.O., THIRUVANANTHAPURAM. 2. MANJU S. CHANDRAN, MANJUSHA, JANATHA ROAD, CHEMPAZHANTHY, THIRUVANANTHAPURAM. 3. SITHARA S.M., T.C.8/262 (1), BYTH, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHANDAS RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVT., LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, KANIAPURAM, THIRUVANANTHAPURAM. 3. SECRETARY, MANGALAPURAM GRAMA PANCHAYAT AND MANASGER, KAILATHUKONAM LPS MANGALAPURAM, THIRUVANANTHAPURAM. ADDL.R4 SNIGDHA SENAN, T.C.49/419 PREETHA NIVAS, PAYYATTUKUPPAM LANE, KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM 698 009 IMPLEADED AS PER ORDER DTD 4.7.02 IN CMP.NO.31051/02 ADDL.R5 N.DHARMAPALAN, PRESIDENT, PARENT TEACHER ASSOCIATION, LPS KAILATHUKONAM, RESIDING AT THANAL, CHEMBAKAMANGALAM, KORANI P.O. IMPLEADED AS PER ORDER DATED 26.7.02 IN CMP.NO.35585/02 ADDL.R6 BENNET Y. GOMEZ, AGED 5 YEARS, S/O.YOHANNAN GOMEZ, THEJUS, MURUKKUMPUZHA, THIRUVANANTHAPURAM IMPLEADED AS PER CMP.NO.39176/02 DTD 8.2.2008 BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SMT.N.SANTHA SMT.A.A.GEETHA SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.V.N.ACHUTHA KURUP G.P.SRI.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NOS.26028 & 31052 OF 2002 IN OP.NO.15428 OF 2002 DISMISSED 8.2.2008. SD/= P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF ORDER NO.A1.745/97 DTD 23.7.2001 ISUED TO 1ST PETITIONER. EXT.P2 COPY OF DISCHARGE CERTIFICATE DTD 30.3.02 ISUED TO FIRST PETITIONER EXT.P3 COPY OF ORDER NO.A1.745/97 DTD 23.7.01 ISSUED TO 2ND PETITIONER. EXT.P4 COPY OF DISCHARGE CERTIFICATE DTD 30.3.02 ISSUED TO 2ND PETITIONER. EXT.P4 COPY OF DISCHARGE CERTIFICATE DTD 30.3.02 ISSUED TO 2ND PETITIONER. EXT.P5 COPY OF ORDER NO.A1.745/97 DTD 23.7.01 ISSUED TO 3RD PETITIONER. EXT.P6 COPY OF DISCHARGE CERTIFICATE DTD 30.3.02 ISSUED TO 3RD PETITIONER. EXT.P7 COPY OF JUDGMENT DTD 11.7.2000 IN OP.NO.8453/00 EXT.P8 COPY OF ORDER DTD 17.7.01 IN CMP.NO.34017/01 IN OP.21017/01. EXT.P9 COPY OF ORDER DTD 20.9.01 IN CMP.NOS.45411/01 IN OP.NO.27911/01. RESPONDENTS' EXHIBITS: EXT.R4(a) COPY OF THE LETTER NO.a1.745/97 DTD 11.11.99 OF R3. EXT.R4(b) COPY OF A1.745/97 DTD 23.11.99 OF THE MANGALAPURAM GRAMA PANCHAYAT. EXT.R4(C) COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE SECRETARY, MANGALAPURAM GRAMA PANCHAYAT DTD 29.7.94. EXT.R4(d) COPY OF A1.745/97 OF THE MANGALAPURAM GRAMA PANCHAYAT. EXT.R4(e) COPY OF A1.745/97 DTD 24.6.02 OF THE MANGALAPURAM GRAMA PANCHAYAT. EXT.R4(f) COPY OF A1.745/97 DTD 24.6.02 OF MANGALAPURAM GRAMA PANCHAYAT. ORDER ON CMP.NO. P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.15428 OF 2002-J -------------------------------------------------------------- Dated this the 8th day of February, 2008. JUDGMENT The petitioners in this original petition were appointed as L.P.School Assistants in the school run by the Mangalapuram Grama Panchayat, during the academic year 2001-02. The appointment orders are evidenced by Exts.P1, P3 and P5 and it is not in dispute that the appointment of the petitioners was approved. The services of the petitioners were terminated on 30.3.2002 at the end of the academic year. In this original petition filed on 10.6.2002, they pray for the following reliefs: i. “to declare that the petitioners are entitled for preferential appointment as LPSA in the school managed by the 3rd respondent Panchayat. ii. to issue a writ of mandamus or order or direction to the respondents to re-appoint the petitioners as LPSA forthwith in 3rd respondent school. iii to direct the 2nd respondent to disburse the vacation salary to the petitioners for the period from 31.3.2002 to 4.6.2002 expeditiously”. 2. The petitioners have in this original petition contended that O.P.No.15428/2002 . 2 they are entitled to be reappointed in service by virtue of Rule 51 A of Chapter XIV A of the Kerala Education Rules, 1959, (hereinafter referred to as the “KER” for short). The petitioners contend that sub rule (3) of Rule 1 of Chapter XIV A of the KER was amended to the effect that subject to Rule 51 A, candidates advised by the Kerala Public Service Commission shall be appointed as teachers in the schools managed by local self government institutions. Since the rules had not been amended enabling the Kerala Public Service Commission to make the appointments, the appointments were being made by the local authorities themselves in terms of the Government Order dated 6.10.1995 which was issued after the State Government took a policy decision to entrust the appointment of staff in Panchayat schools with the Kerala Public Service Commission. A Full Bench of this Court has in Manager, Trikkur Panchayat Sarvodaya High School v. Suma (2003 (2) KLT 62) held that right under Rule 51 A of Chapter XIV A will be available only to teachers who have been appointed to Panchayat schools by the Kerala Public Service Commission and that any person appointed in a Panchayat school otherwise than through the Commission would not get the benefit of Rule 51 A. The Full Bench further held that no legal rights will be conferred on O.P.No.15428/2002 . 3 persons appointed on the basis of the Government order dated 6.10.1995 and that such persons will not also get the benefit of Rule 51 A of Chapter XIV A of the KER. The point raised by the petitioners in this original petition is covered against them by the decision of the Full Bench referred to above. The original petition therefore fails and it is dismissed. No costs. P.N. RAVINDRAN, JUDGE. cl O.P.No.15428/2002 . 4 P.N. RAVINDRAN, J. O.P.NO.15428 OF 2002-J JUDGMENT 8th February, 2008.