IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 7506 of 2009(G) ---------------------------------- PETITIONER(S): ------------------------ SHIJO LUCKOSE, FULL TIME MENIAL, ST.JOSEPH H.S.S.VAYATTUPARAMBU, VAYATTUPARAMBA P.O., KANNUR DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. DISTRICT EDUCATIONAL OFFICER, KANNUR. *ADDL. R5 IS IMPLEADED . 5. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, ARCHIDIOCESE OF THALASSERY, SANDESA BHAVAN, P.B. NO.70, THALASSERY 670101. ADDL. R5 IS IMPLEADED AS PER ORDER DT. 18.3.09 IN IA. 4000/09. SR GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7506/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 2.6.07. P2:- COPY OF THE ORDER DT. 27.9.07. P3:- COPY OF THE APPEAL DT. 4.9.07 FILED BY THE MANAGER. P4:- COPY OF THE ORDER DT. 1.77.07. P5:- COPY OF THE MEMORANDUM OF REVISION DT. 20.11.07 BEFORE THE DPI. P6:- COPY OF THE REPRESENTATION DT. 10.1.08 FILED BY THE PETITIONER BEFORE THE DPI. P7:- COPY OF THE JUDGMENT DT. 27.2.08 IN WPC. NO.6749/08. P8:- COPY OF THE ORDER DT. 13.5.08 . P9:- COPY OF THE JUDGMENT DT. 22.9.08 IN WPC. 3244/08. P10:- COPY OF THE APPOINTMENT ORDER PERTAINING TO SRI.THOMAS T.T. TOGETHER WITH ORDER DT. 27.12.08. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.7506 of 2009 ===================== Dated this the 3rd day of April, 2009. JUDGMENT Heard Sri. Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt. T.B.Remani, the learned Government Pleader appearing for the respondents. 2. A vacancy of Full-time Menial arose in St.George's High School, Chempanthotty on 6.9.2005. In that vacancy, the fifth respondent Manager appointed Sri. T.T.Thomas as Full-time Menial. That appointment was not approved. Later, the Manager transferred Sri. T.T.Thomas to another school and in that vacancy that arose on 5.7.2006 the Manager appointed Sri. Shiju Antony as Full-time Menial. That appointment was also initially not approved. The Manager transferred Sri. Shiju Antony to another school and in the resultant vacancy that arose on 7.5.2007, the petitioner was appointed as Full-time Menial. It is now not in dispute that pursuant to the direction issued by this Court in Ext.P9 judgment in W.P.(C) No.3244 of 2008 the appointment of Sri. T.T.Thomas as Full-time Menial in the vacancy that arose on 6.9.2005 in St. George's High School, Chempanthotty stands approved on a regular basis as per order dated 27.12.2008 passed by the District Educational Officer, Kannur. Similarly, the appointment of Sri. Shiju Antony with effect from 5.7.2006 also stands approved by Ext.P2 order dated WP(C) 7506/09 -: 2 :- 27.9.2007 passed by the Deputy Director of Education, Kannur. 3. The petitioner's appointment with effect from 7.5.2007 was not approved by the District Educational Officer on the ground that the Manager has not appointed a protected hand. The Manager carried the matter in appeal before the Deputy Director of Education, who by Ext.P4 order passed on 7.11.2007 rejected the appeal. The Manager thereupon filed Ext.P5 revision petition before the Director of Public Instruction. It appears that on the said revision petition, the Director of Public Instruction ordered approval of the petitioner's appointment on daily wage basis as per order dated 15.2.2008. The petitioner had even before orders were passed on Ext.P5 revision petition filed by the Manager filed Ext.P6 representation before the Director of Public Instruction. The Director of Public Instruction however did not hear the petitioner when he passed the order dated 15.2.2008. The petitioner thereafter filed W.P.(C) No.6749 of 2008 in this Court seeking expeditious disposal of Ext.P6 representation filed by him. As directed by this Court in Ext.P7 judgment, the Director of Public Instruction heard the petitioner and the Manager and passed Ext.P8 order dated 13.5.2008 declining to approve his appointment on the ground that the Manager has not appointed a protected hand in terms of G.O.(P) No.46/200 dated 1.2.2006. Exts.P1, P4 and P8 are under challenge in this Writ Petition wherein the petitioner seeks a direction to the respondents to approve his appointment in view of Exts.P2 and P10 orders. WP(C) 7506/09 -: 3 :- 4. The learned counsel appearing for the petitioner contends that if the appointments of Sri. T.T.Thomas and Sri. Shiju Antony can be approved, there is no reason why the petitioner's appointment in the very same school should not be approved. The learned counsel for the petitioner submits that there were no protected Full-time Menials available in Kannur District at the time when Sri. T.T.Thomas or Sri. Shiju Antony was appointed and that the same situation continued when the petitioner was appointed. The learned counsel for the petitioner also submits that it was taking note of the non-availability of protected Full- time Menials that this Court in Ext.P9 judgment and the Deputy Director of Education in Ext.P2 order directed that appointments of Sri. T.T.Thomas and Sri. Shiju Antony be approved. 5. Per contra, the learned Government Pleader appearing for the official respondents while admitting the fact that there were no protected Full-time Menials awaiting deployment in Government/aided schools as on the date on which the petitioner was appointed as Full-time Menial, submitted that in the light of the Government order dated 1.2.2006 referred to in Ext.P8, the Manager ought to have appointed a protected hand in the school. 6. I have considered the submissions made at the Bar by the learned counsel appearing on either side. When a vacancy of Full-time Menial arose in St. George's High School Sri. T.T.Thomas was appointed. Later, the Manager transferred Sri. T.T.Thomas to another school and in WP(C) 7506/09 -: 4 :- the vacancy thus arose on 5.7.2006, the Manager appointed Sri. Shiju Antony as Full-time Menial. The Manager transferred Sri. Shiju Antony to another school and in the vacancy that arose on 7.5.2007, the petitioner was appointed as Full-time Menial. The appointments of Sri. T.T.Thomas and Sri. Shiju Antony have been approved. It is now conceded that no protected Full-time Menial was available for appointment in Kannur District when the vacancy of Full-time Menial in St.George's High School arose on 6.9.2005 and the transfer vacancy arose on 5.7.2006. It is stated that on 7.5.2007 also the same was the situation. This Court has in Ext.P9 judgment filed by Sri. T.T.Thomas held that if there was no protected Full-time Menial when he was appointed, his appointment has to be approved. In my opinion, in the light of the direction issued by this Court in Ext.P9 judgment and by the Deputy Director of Education in Ext.P2 order and also having regard to the fact that Sri. T.T.Thomas and Sri. Shiju Antony were appointed in the very same school as Full-time Menial, the petitioner is entitled to have his appointment approved with effect from 7.5.2007. In the result, Exts.P1, P4 and P8 are quashed and the District Educational Officer, Kannur is directed to pass orders approving the appointment of the petitioner as Full-time Menial in St. George's High School, Chempanthotty, within six weeks from the date on which the petitioner produces a certified copy of this judgment. Payment of arrears of salary and allowances shall be made within two weeks from the date WP(C) 7506/09 -: 5 :- on which the arrear bill is presented for payment by the Headmaster of the school. The fifth respondent Manager shall take steps to ensure that the arrear bill is presented for payment before the District Educational Officer, Kannur immediately after the petitioner's appointment is approved. P.N.Ravindran, Judge. ess