IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WA.No. 1667 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33153/2006 Dated 04/04/2008 .................... APPELLANT: PETITIONER: ---------------------------------------- C.A.AJITH, S/O.ANNALAKUTTY, H.S.A.(MATHS), A.M.M.S.VENGOOR, P.O.VENGOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENT: RESPONDENT: ---------------------------------------------- STATE OF KERALA REP:BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1667 of 2008 --------------------------------------- Dated this the 15th day of September, 2008 Judgment Koshy,J. Appellant/Petitioner was appointed as H.S.A. in Mathematics in A.M.H.S., Vengoor in a regular vacancy, but, that was not approved by the Government as there were protected teachers in the school. The above protected teacher was absorbed in another school on 1.12.2006. After the judgment of the learned single Judge, appellant's appointment was approved with effect from 1.12.2006. It is the case of the petitioner that he is entitled to get approval from the date of appointment as there was vacancy of teacher and he was working in that post and nobody else was appointed. He also referred to Annexures A and B Government orders. In Annexure A, appointments were approved with effect from the date of that order and in Annexure B order, approval was given from the date of approval. Learned Government Pleader differentiated these orders with the case of the petitioner as there were no protected teachers in Annexure B and in Annexure A those teachers were working for very long periods after the upgradation W.A.No.1667/2008 2 of the schools. Here also, petitioner was working from 2004 onwards. In view of the Government order dated 23.6.2008, the only question to be decided is the date of approval to be granted. If the petitioner files a representation to the Government, the question of granting approval from retrospective effect before 1.12.2006 shall be considered by the Government as expeditiously as possible taking into consideration Annexures A and B and other grounds raised by the petitioner. The appeal is disposed of accordingly. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1667/2008 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1667/2008 ------------------------------------- Judgment Date:15th September,2008