IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 OP.No. 443 of 2001(C) --------------------- PETITIONERS: ------------ 1. HUSSAIN KABEER.P, S/O.MUHAMMED P., 25 YEARS OF AGE, RESIDING AT KARYAPARAMBIL HOUSE, MUTHUPARAMBA (P.O.) KUNDOTTY, MALAPPURAM. 2. MUHAMMED SAFEEQUE.T.P., S/O.T.P.KUNJAPPU, RESIDING AT DARULWAYANAD, VALIYAPARAMBA(P.O.), PULIKKAL, KUNDOTTY, MALAPPURAM. 3. SATHISH CHANDRAN, S/O.CHANDRASEKARAN NAIR, 24 YEARS OF AGE, RESIDING AT KKP HOUSE, CALICUT AIRPORT (P.O.), KUNDOTTY, MALAPPURAM. 4. SREEJA.K., W/O.SIVADAS, 26 YEARS OF AGE, RESIDING AT KUTTIPURAM HOUSE, POOVATHIKKAL (P.O.), AREACODE, MALAPPURAM. BY ADV. SRI.B.G.BIDAN CHANDRAN RESPONDENTS: ------------- 1. THE HEAD MASTER, IRSHADIYA A.U.P.SCHOOL, VALIYAPARAMBA, MALAPPURAM. 2. THE HEADMASTER, P.M.S.A.M.A.M.L.P. SCHOOL, CHOLAMUKKU, MALAPPURAM. OP.No. 443/2001/C -2- 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNDOTTY. 4. THE DEPUTY DIRECTOR OF EDUCAITON, MALAPPURAM DISTRICT. 5. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD SRI.V.K.RAVINDRAN SMT.M.M.KRIPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.443/2001 ORDER ON CMP NOS.643 & 36029 OF 2001 IN OP NO.443/2001 DISMISSED. SD/- 25.2.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER, DATED 29.8.2000. EXT. P2: COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER, DATED 5.7.2000. EXT. P3: COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER, DATED 5.7.2000. EXT. P4: COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER, DATED 15.7.2000. EXT. P5: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT, DATED 10.11.2000. EXT. P6: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT, DATED 10.11.2000 IN RESPECT OF THE 2ND PETITIONER. EXT. P7: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE 3RD PETITIONER, DATED 10.11.2000. EXT. P8: COPY OF THE COMMUNICATION, ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 10.11.2000. EXT. P9: COPY OF THE GOVERNMENT ORDER, DATED 30.6.2000. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 443 of 2001 (C) ======================= Dated this the 25th day of February, 2008 JUDGMENT Teachers of the Irshadiya A.U.P.School, Valiyaparamba, Malappuram and P.M.S.A.M.A.M.L.P. School Cholamukku, Malappuram are the petitioners. They are seeking the following reliefs in the original petition. "(i) To call for the records relating to Exhibit P5 to P8 and issue a writ of certiorari to quash the same. (ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioners' to continue in their posts as teachers on the basis of their appointment orders P1 to P4. (iii) To declare that Exhibit P9 Government Order can have absolutely no bearing on the staff fixation order and the subsequent sanctioning of additional posts in the school, on the basis of the staff fixation order, and that Exhibit P5 to P8 orders passed on the basis of Exhibit P9 Government Order is illegal and void. (iv) To declare that Exhibit P9 Government Order in so far as it restricts the power of the statutory authorities under the Kerala Education Rules to sanction additional posts in aided schools is illegal and arbitrary. (v) To grant such other and further relief that this Hon'ble Court may deem fit and necessary in the circumstances of the case." O.P. No. 443/2001/C -2- 2. 5th respondent is stated to have filed a counter affidavit which is not in the file but the learned Government Pleader makes available a copy of the same for perusal. In the same it is stated thus: "3. With respect to the statements in para 4 & 5 it is submitted that as per Ext.P5 and P8 3rd respondent had directed the Headmaster of Irshadiya A.U.P. School, Valiyaparamba and P.M.S.A. A.M.L.P. School, Cholamukku that the salaries of the teachers of newly appointed against the additional post created during the current financial year need be claimed only after hearing from Government or Higher Authorities. As per GO (P) 303/01/GE dt: 5.10.01 all appointments of teachers in Government/Aided school upto 14.7.01 have been approved if they are in accordance with the statutory provisions of KERs. Their salary will be disbursed in cash from December 2001 onwards and upto December will be credited to GPF." In view of the said statement, the original petition is closed recording the said averments. S.SIRI JAGAN, JUDGE jp