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High Court of KeralaWP(C)/282/2015disposed of

Jiji.K.K. v. State Of Kerala

2015-01-06Honourable Mr. Justice A.Muhamed Mustaque6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 PETITIONER(S) :

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1. JIJI.K.K., UPSA, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

2. NEETHA.K, JUNIOR HINDI TEACHER, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

3. VINODINI.K, UPSA, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

4. PRASEEDA.K, UPSA, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

5. JOTHIS.S, HSA PHYSICAL SCIENCE, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

6. FASLEENA K.C., HSA ENGLISH, KUNNAMANGALAM H.S.S., KUNNAMANGALAM KOZHIKODE.

7. MAYADEVI.C, HSA MALAYALAM, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

8. KAVITHA.K, HSA MALAYALAM, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

9. SMITHA M.M, HSA ENGLISH, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

10. SHEENA ULLATTUCHALIL, HSA PHYSICAL SCIENCE, KUNNAMANGALAM H.S.S, KUNNAMANGALAM, KOZHIKODE.

..2/-

..2..

11. SHAJIMON.K, HSA MALAYALAM, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

12. BIJESH K.K, USA, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

13. JAYAKRISHNAN.P, UPSA, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

14. SASIKUMAR V.S.

HSA SOCIAL STUDIES, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

15. KHAMARUDHEEN.V, HSA ENGLISH, KUNNAMANGALAM H.S.S., KUNNAMANGALAM, KOZHIKODE.

16. REEJA.K, HSA MALAYALAM, VARIATIAKIL PARAMBIL, M.I.E.P.O, KUNNAMANGALAM, KOZHIKODE.

BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.M.STEPHEN RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE - 673 573.

3. KUNNAMANGALAM HIGHER SECONDARY SCHOOL, KUNNAMANGALAM, KOZHIKODE - 673 571, REPRESENTED BY THE MANAGER.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS EXT.P1:

TRUE COPY OF THE APPOINTMENT ORDER DATED 08/06/2006 OF THE 1ST PETITIONER ALONG WITH THE ENDORSEMENT OF APPROVAL.

EXT.P2:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 14/07/2008 ALONG WITH THE APPROVAL.

EXT.P3:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01/06/2010 ALONG WITH THE ENDORSEMENT OF APPROVAL. EXT.P4:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 01/06/2009 ALONG WITH THE ENDORSEMENT OF APPROVAL. EXT.P5:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 05/09/2007.

EXT.P6:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 11/09/2006.

EXT.P7:

TRUE COPY OF THE APPOINTMENT ORDER DATED 26/06/2006 OF THE 7TH PETITIONER ALONG WITH THE APPROVAL.

EXT.P8:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER DATED 01/06/2010.

EXT.P9:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH PETITIONER DATED 04/06/2007 ALONG WITH THE APPROVAL.

EXT.P10:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 10TH PETITIONER DATED 07/06/2006 ALONG WITH THE APPROVAL.

EXT.P11:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 11TH PETITIONER DATED 02/06/2008.

EXT.P12:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH PETITIONER DATED 04/06/2007 ALONG WITH THE ENDORSEMENT OF APPROVAL. EXT.P13:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 13TH PETITIONER DATED 02/06/2008.

EXT.P14:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 14TH PETITIONER DATED 04/06/2007.

EXT.P15:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 15TH PETITIONER DATED 01/06/2009 ALONG WITH THE APPROVAL.

EXT.P16:

TRUE COPY OF THE APPOINTMENT ORDER OF THE 16TH PETITIONER DATED 02/06/2008.

EXT.P17:

TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 18062/2012 DATED 17/10/2012.

EXT.P18:

TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 1ST RESPONDENT AND PENDING.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 282 of 2015 ---------------------------------------------------- Dated this the 6th day of January,2015

J U D G M E N T

----------------------- The petitioner submits that they were appointed as Teachers by the 3rd respondent, an aided school. Petitioners submit that their appointments were not approved by the 2nd respondent, District Educational Officer, Thamarassery from their initial date of appointment. However these appointments were finally approved except 16th petitioner, with effect from 1.6.2011 onwards as per G.O.(C) No.199/11/G.Edn. Dated 1.10.2011, without any retrospective effect. It is submitted that there were no protected hands to be deployed by the management at the time of giving appointments to them and as such they are entitled to have the appointments approved from the initial date of appointment. The petitioners preferred a revision before the 1st respondent as per Ext.P18.

2.

In view of Ext.P18, there shall be a direction to the 1st respondent to consider and pass appropriate orders on Ext.P18,

W.P.(C).No.282 of 2015 after affording an opportunity of hearing to any one among the petitioners within a period of four months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, JUDGE jm/