IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 15577 of 2009(N) ------------------------------------- PETITIONER(S): ------------------------ 1. MANAGER, S.V.A.L.P.S., KAPPIYUR, P.O.KOTTAPPADY, THRISSUR DISTRICT. 2. MANCY P.D., L.P.S.A, S.V.A.L.P.S., KAPPIYUR, P.O.KOTTAPPADY, THRISSUR DISTRICT. BY ADVS. SMT.S.KARTHIKA MR.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI MR.M.R.ANISON RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 4. THE ASST. EDUCATIONAL OFFICER, CHAVAKKAD. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15577/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 5.1.07 ISSUED BY THE 4TH RESPONDENT. P2:- COPY OF THE ORDER DTD. 5.7.07 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE ORDER DTD. 16.6.08 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE ORDER DTD. 7.5.09 ISSUED BY THE IST RESPONDENT P5:- COPY OF THE G.O.(P) 259/2006/G.EDN. DTD. 12.10.06. P6:- COPY OF THE CIRCULAR NO.4545/J2/07/G.EDN. DTD. 18.5.07. P7:- COPY OF THE ORDER DTD. 31.7.07 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.15577 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4h day of December, 2009. JUDGMENT The first petitioner is the Manager of an aided L.P. School and the second petitioner is working as LPSA in the said school. The issue pertains to the approval of appointment of the second petitioner as LPSA with effect from 5.6.2006. The second petitioner was appointed in a promotion vacancy when another teacher was promoted as Headmaster of the school. The approval is declined mainly for the reason that the school is an uneconomic one and going by G.O.(P) No.259/06/G.Edn. dated 12.10.2006, (Ext.P5) such appointments cannot be approved. Even though appeal and revision were filed by the Manager, those were rejected as per Exts.P1 to P4 orders. 2 It is true that in Ext.P5 the Government has specified that the vacancies in uneconomic schools will be filled up only by protected teachers. But later, the Government issued a clarification as per Ext.P6, wherein it is specified in clause 2 that in respect of appointments made prior to 12.10.2006 (the date of Ext.P5 order), appropriate action can be taken in the light of the legal position that is available then. wpc 15577/2009 2 3. In Ext.P4, the Government has taken the view that approval cannot be granted in the light of Ext.P5. The clarification issued as per Ext.P6 has not been considered by the Government also. Ext.P7 is the proceedings of the Additional Director of Public Instruction, wherein relying upon the clarification issued as per Ext.P6, approval has been granted in respect of appointment made in another school. 4. In para 4 of the counter affidavit, it is averred that the Government have clarified that all the appointments effected in uneconomic schools prior to 12.10.2006 have to be approved without considering the direction in the Government Order dated 12.10.2006, i.e. Ext.P5. It is also admitted in the very same paragraph that the vacancy herein is a promotion vacancy and is a permanent one. 5. In the light of the above, the petitioners are entitled to succeed in this writ petition. The applicability of Ext.P6 clarification has not been considered by any of the authorities. In the light of Ext.P6, as the appointment is prior to 12.10.2006, the same is liable to be approved. As evident from Ex.P1, the appointment is made with effect from 5.6.2006 and therefore, the stipulation in Ext.P5 will not apply here. 6. Therefore, the writ petition is allowed. Exts.P1 to P4 are quashed. There will be a direction to the 4th respondent to pass appropriate orders for wpc 15577/2009 3 granting approval of appointment of the second petitioner, on the first petitioner producing all the necessary records, within a period of six weeks from the date of receipt of a copy of this judgment. The second petitioner will be entitled for the consequential monetary benefits also. No costs. (T.R. Ramachandran Nair, Judge.) kav/