IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 15932 of 2011(N) ---------------------------------- PETITIONER(S): -------------------- 1. C.K.SHAJI, HIGH SCHOOL ASSISTANT (MATHEMATICS), A.K.M.HIGH SCHOOL, KOTTOOR, KOTTAKKAL, MALAPPURAM DISTRICT. 2. ABDUSSALIH.M.P., HIGH SCHOOL ASSISTANT(MATHEMATICS), A.K.M.HIGH SCHOOL, KOTTOOR,KOTTAKKAL, MALAPPURAM DISTRICT. 3. SUDEV THOTTATH, UPPER PRIMARY SCHOOL ASSISTANT, A.K.M.HIGH SCHOOL, KOTTOOR,KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM - 676 001. 3. THE MANAGER, A.K.M. HIGH SCHOOL, KOTTOOR, KOTTAKAL, MALAPPURAM DISTRICT - 676 554. R1-2 BY GOVT. PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15932/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER OF THE 1ST PETITIONER ISSUED BY THE MANAGER. P2: COPY OF APPOINTMENT ORDER OF THE 2ND PETITIONER ISSUED BY THE MANAGER. P3: COPY OF ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 07/04/2011. P4: COPY OF THE GOVERNMENT ORDER, G.O.(Rt)580/11/G.EDN. DATED 10/02/2011. P5: COPY OF JUDGMENT IN S.L.P. 36556/2010. P6: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15932/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of August, 2011 J U D G M E N T Challenging the non approval of appointment of the petitioners from the date of appointment, namely, from 05/06/2006 to 30/11/2006 this writ petition is filed. Ext.P4 is the order passed by the Government whereby it is ordered that the approval can be granted from 01/12/2006 (i.e. the date on which the existing protected H.S.A. (Maths) was deployed elsewhere). protected H.S.Maths was deployed). 2. The plea raised by the petitioners in this writ petition is that no protected hand was available in the Educational District. 3. Learned counsel for the petitioners placed before me for perusal, counter affidavit filed on behalf of the second respondent wherein in para.5 it is stated as follows: “A protected H.S.A (Maths) was available in neighbouring Educational District till 01/12/2006 and hence the appointment of 1st W.P.(C). No.15932/2011 -:2:- petitioner was considered only from 01/12/2006. The appointment of the 3rd petitioner as U.P.S.A from 05/06/2006 to 01/12/2006 was rejected for want of absolute vacancy.” Therefore, the learned counsel for the petitioners submitted that it is clear from the said paragraph that no protected H.S.A (Maths) was available in the Educational District, Malappuram and, therefore, in the light of the decision of this Court in Moosakutty v. D.E.O, Wandoor [2009 (3) KLT 863], which stands confirmed by the Division Bench of this Court and by Ext.P5 Judgment of the Apex Court in the Special Leave Petition, the petitioners are entitled for the grant of approval, and a direction may be issued to the Government to reconsider the matter in the light of the above. 4. Ext.P4 to the extent to which the approval is denied from 05/06/2006 to 30/11/2006 is quashed. There will be a direction to the Government to reconsider the matter and pass appropriate orders after hearing the W.P.(C). No.15932/2011 -:3:- petitioners, in the light of the legal position laid down by this Court in Moosakutty's case [supra] and in view of the factual position projected before this Court in the counter affidavit, within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge) ms