High Court of KeralaWP(C)/3895/2010disposed of

P.S.Ambily v. The State Of Kerala And Others

2015-01-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 3895 of 2010 (J) -------------------------------------- PETITIONER(S):

---------------------- P.S.AMBILY, W/O.K.K.BABY, AGED 36 YEARS, FORMERLY PEON, H.M.T. EDUCATIONAL SOCIETY HIGH SCHOOL KALAMASSERY - 683 503, (RESIDING AT B2/2 H.M.T. QUARTERS H.M.T.COLONY, KALAMASSERY - 683 503). BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S):

-------------------------

1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.

2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14.

3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM - 30.

4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT.

5. THE MANAGER, H.M.T. EDUCATIONAL SOCIETY HIGH SCHOOL KALAMASSERY - 683 503.

R1 - 4 BY GOVERNMENT PLEADER SMT.LOWSY.A.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 3895 of 2010 (J) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE G.O.(MS)NO.354/2000/G.EDN.OF THE GOVERNMENT P2:

COPY OF THE APPOINTMENT ORDER P3:

COPY OF THE ORDER NO.B3-4687/07/K.DIS.OF THE DIST.EDUCATIONAL OFFICER P4:

COPY OF THE APPEAL FILED BY THE MANAGER P5:

COPY OF THE ORDER NO.I.DIS.B3/22475/2007 OF THE DEPUTY DIRECTOR P6:

COPY OF THE PETITION FILED BEFORE THE R2 P7:

COPY OF THE ORDER NO.20965/N2/09/G.EDN.OF THE GOVERNMENT P8:

COPY OF THE ORDER OF THE MANAGER P9:

COPY OF THE ORDER NO.6589/08/K.DIS OF THE DIST.EDUCATIONAL OFFICER P10:

COPY OF THE APPEAL BEFORE THE DEPUTY DIRECTOR P11:

COPY OF THE ORDER NO.B3/27127/08/K.DIS OF THE DEPUTY DIRECTOR P12:

COPY OF THE REVISION FILED BEFORE THE DIRECTOR P13:

COPY OF THE APPOINTMENT ORDER (REJITHA M) P14:

COPY OF THE DO.(SIJI THOMAS) P15:

COPY OF THE DO.(JASMINE ISMAIL) P16:

COPY OF THE DO. (JISHA PAVITHRAN) P17:

COPY OF THE INFORMATION (NO.B4-19529/09 OF THE DEPUTY DIRECTOR) RESPONDENTS' EXHIBITS -------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.3895 of 2010 ***************************************************** Dated this the 23rd day of January, 2015

JUDGMENT

The petitioner was appointed as Menial from open market by the Manager of an aided School with effect from 4.6.2007. The petitioner, thereafter, was promoted as Peon with effect from 5.7.2008 and worked till 30.11.2009. The appointments to the said post had not been approved by the authority stating that the post has to be filled up by the protected hands. It is impugning these orders, this writ petition is filed. The petitioner relies on the judgment of this Court in W.P.(C) No.18986/2009 dated 9.7.2010. In the above judgment, this Court held that the relevant Government Orders for deploying protected teachers in the vacancies have no application in the matter of appointing non-teaching staffs. Further, it is submitted that no list has

W.P.(C) No.3895 of 2010 2 been forwarded to the Manager by any other authority giving list of protected non-teaching staffs.

In view of the above, I am of the view that the impugned orders are liable to be set aside. Consequently, there shall be a direction to the 4th respondent to approve the appointment of the petitioner as Menial from 4.6.2007 and Peon from 5.7.2008 and disburse all consequential benefits. Needful shall be done within a period of three months. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln