IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 9249 of 2009(A) --------------------------------------- PETITIONER(S): ------------------------ K.T.SHRAFUDHEEN, HIGH SCHOOL ASSISTANT(SOCIAL STUDIES), IKT HIGHER SECONDARY SCHOOL, CHERUKULAMBA, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------------ 1. THE MANAGEFR, IKT HIGHER SECONDARY SCHOOL, CHERUKULAMBA, MALAPPURAM DISTRICT. 2. THE DIRECTORO OF PUBLIC INSTRUCTINS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9249/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT. 6.6.01. P2:- COPY OF THE GOVERNMENT ORDER G.O.(RT) 2613/01/G.EDN. DT. 6.7.01. P3:- COPY OF THE GOVERNMENT ORDER G.O.(RT) 23409/06/G.EDN. DT. 7.6.06. P4:- COPY OF THE APPOINTMENT ORDER DT. 5.6.06 ISSUED BYA THE MANAGER TO THE PETITIONER APPOINTING THE PETITIONER IN THE EXTENDED LEAVE PERIOD. P5:- COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, DT. 29.5.07. P6:- COPY OF THE ORDER DT. 9.10.07 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. P7:- COPY OF THE EACH REVISION DT. 5.11.07 FILED BY THE MANAGER BEFORE THE GOVERNMENT . P7(a):- COPY OF THE EACH REVISION DT. 3.2.08 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. P8:- COPY OF THE ORDER DT. 1.12.05 ISSUED BY THE GOVERNMENT IN THE CASE OF ONE SMT.K.K.LAILA, H.S.A. (SOCIAL STUDIES), C.H.M.H.S., POOKKOLATHUR. P9:- COPY OF THE NOTICE OF HEARING ISSUED SHRI. D.JOHNY, UNDER SECRETARY TO GOVERNMENT. P10:- COPY OF THE HEARING NOTE SUBMITTED AT THE HEARING. P11:- COPY OF THE GOVERNMENT ORDER, G.O. (RT) NO.718/09/G.EDN. DT. 13.2.09. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9249/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of July, 2009 J U D G M E N T The petitioner is aggrieved by the order passed by the District Educational Officer on Ext.P4 appointment order which is confirmed in appeal by the Deputy Director of Education in Ext.P5, the Director of Public Instructions in Ext.P6 and by the Government in Ext.P11. The period during which the petitioner seeks approval for appointment as H.S.A (Social Science) is from 05/06/2006 to 04/06/2007. Presently, he has been appointed in a regular vacancy with effect from 04/06/2007 which has been approved by the District Educational Officer. 2. The petitioner was initially appointed from 06/06/2001 10/06/2006 by the Manager in a leave vacancy of Shri Muhammed Isack who took leave without allowance upto 10/06/2006 which was further extended for five years from 11/06/2006 to 10/06/2011. Ext.P1 is the order by which the first spell of appointment was approved by the District Educational Officer restricting the appointment upto 31/03/2006. 3. The petitioner was appointed again by the Manager as per Ext.P4 from 05/06/2006 to 10/06/2011. The District Educational Officer W.P.(C). No.9249/2009 -:2:- while considering the application for approval was of the view that the subject ratio as per G.O.(P) No.11/02/G.Edn., dated 07/01/2002 has not been maintained. Accordingly, the approval of appointment was declined. This is confirmed in Exts.P5, P6 and P11. 4. The learned counsel for the petitioner placed for perusal a recent Government Order namely, G.O.(MS).No.132/09/G.Edn., dated 17/06/2009. The learned counsel for the petitioner submitted that the approval was declined in the light of G.O.(P).No.11/02/G.Edn., dated 07/01/2002. Presently, as per the G.O. dated 17/06/2009, it has been clarified by the Government that in respect of teachers who have been appointed prior to 16/11/2002 as H.S.A (Core Subject) and who have got a claim under Rule 51A of Chapter XIV A K.E.R, will have the eligibility in respect of vacancies which arose subsequent to 16/11/2002 in tune with the subject ratio available prior to 07/01/2002. It is therefore, submitted that in the light of the above Government Order, the appointment of the petitioner is liable to be approved. 5. This is a matter for the Government to consider. Therefore, the issue is relegated back to the Government. Ext.P11 is set aside. The Government will pass fresh orders after hearing the petitioner and any other W.P.(C). No.9249/2009 -:3:- affected persons. The approval of appointment will be granted, if it is otherwise in order. Appropriate orders will be passed within four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms