IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6145 of 2004(F) ------------------------------------- PETITIONER: ------------------- T.NARAYANAN, U.P.S.A., G.U.P.S., PALAPPETTY, PONNANI, MALAPPURAM DISTRICT. BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE, ADVS. SMT.K.P.GEETHA MANI, SMT.VEENA.B.KUMAR, MR.T.R.RAJESH, MR.T.B.REMANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER CHAVAKKAD. 3. MANAGER, V.R.A.M.H.S., THAIKKAD SOUTH, BRAHMAKULAM P.O., TRICHUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, GURUVAYUR. R1, R2 & R4 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6145/2004-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DT. 07/06/94 ISSUED BY THE R.3. EXT.P.2: COPY OF THE G.O.(RT).1696/97/G. EDN. DTD. 30/05/97 SANCTIONING LEAVE PERIOD OF SMT. U.B. BEENA. EXT.P.3: COPY OF THE LETTER DT. 29/06/98 ISSUED BY THE R.1, DIRECTING THE R.2. TO APPROVE THE APPOINTMENT OF SMT. LATHA BAI. EXT.P.4: COPY OF THE LETTER DT. 12/01/99 ISSUED BY THE R.1. EXT.P.5: COPY OF THE APPOINTMENT ORDER DT. 05/06/95 ISSUED BY THE R.3. EXT.P.6: COPY OF THE APPROVED APPOINTMENT ORDER DT. 07/06/93 OF V.K. UNNIKRISHNAN. EXT.P.7: COPY OF THE REVISION FILED BY THE R.3. ON 05/05/00 BEFORE THE R.1. EXT.P.8: COPY OF THE JUDGMENT DTD. 03/02/2003 IN O.P. NO. 3654/2003, OF THIS HON'BLE COURT. EXT.P.9: COPY OF THE ORDER G.O.(RT).NO.3682/03/G. E. DT. 15/09/2003. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6145 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2010 J U D G M E N T The petitioner worked as a substitute teacher in the 3rd respondent's school for different periods. This writ petition relates to approval for the periods from 07.06.1994 to 04.06.1995 and 05.06.1995 to 31.10.1996. Already, the Government has directed approval of the petitioner's appointment for the period from 07.06.1994 to 04.06.1995. But no orders were passed pursuant thereto by the 2nd respondent implementing the same. In respect of approval for the period from 05.06.1995 to 30.10.1996 no orders were passed. Petitioner approached this court by filing O.P. No.3654/2003 wherein by Ext.P8 judgment this court directed the D.E.O. Chavakkad, to approve the appointment for the period from 07.06.1994 to 04.06.1995 and directed the Government to consider the question of approval of the petitioner's appointment for the period W.P.(C)No. 6145 of 2004 -2- 05.06.1995 to 31.10.1996. However by Ext.P9 order the approval of the appointment for the period from 07.06.1994 to 06.06.1995 was also refused to be approved. The question of approval for the period from 05.06.1995 was not considered at all in Ext.P9 as directed in the judgment. Challenging Ext.P9 order, the petitioner has filed this writ petition. 2. The respondents have filed a counter affidavit seeking to justify their stand. As far as the first spell of appointment for the period from 07.06.1994 to 04.06.1995 is concerned in view of Ext.P8 judgment directing the D.E.O. to approve the said appointment, the Government cannot reconsider the issue to deny the benefit already conferred on the petitioner. Therefore Ext.P9 rejecting the approval for the period from 07.06.1994 to 06.06.1995 is clearly unsustainable. In Ext.P9 the question of approval for the period from 05.06.1995 to 31.10.1996 has not been considered at all which may even amount to contempt of court. In the above circumstance this writ petition is W.P.(C)No. 6145 of 2004 -3- disposed of with the following directions: The 2nd respondent shall within two weeks from the date of receipt of a copy of this judgment approve Ext.P1 appointment of the petitioner for the period from 07.06.1994 to 06.06.1995 and disburse salary for the said period within a further period of two weeks therefrom. Regarding period from 05.06.1995 to 31.10.1996 the 1st respondent shall consider the question of approval of the appointment of the petitioner and pass appropriate orders as expeditiously as possible at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the manager of the school. S. SIRI JAGAN JUDGE shg/