← Library
High Court of KeralaWP(C)/4381/2014disposed of

K.Rasobh v. The State Of Kerala

2015-04-10Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 --------------------------- PETITIONER(S):

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

1. K.RASOBH AGED 27 YEARS S/O.RAMACHANDRAN, UPPER PRIMARY SCHOOL ASSISTANT HIGHER SECONDARY SCHOOL, KATAMPAZHIPURAM OTTAPPALAMEDUCATION DISTRICT PALAKKAD DISTRICT - 678 633

2. K.BINDU UPPER PRIMARY SCHOOL ASSISTANT HIGHER SECONDARYSCHOOL, KATAMAPAZHIPURAM OTTAPPALAM EDUCATIONDISTRICT PALAKKAD DISTRICT - 678 633

3. R,GEETHA UPPER PRIMARY SCHOOL ASSISTANT HIGHER SECONDARYSCHOOL, KATAMPAZHIPURAM OTTAPPALAM EDUCATIONDISTRICT PALAKKAD DISTRICT - 678 633

4. A.S.SARITHA LOWER GRADE SANSKRIT TEACHER, HIGHER SECONDARYSCHOOL KATAMPAZHIPURAM, OTTAPPALAM EDUCATIONDISTRICT PALAKKAD DISTRICT - 678 633 BY ADVS.SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT(S):

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

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

2. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD DISTRICT - 678 001

3. THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM PALAKKAD DISTRICT - 679 101 ACTING AS(MANAGER - HIGHER SECONDARY SCHOOL KATAMPAZHIPURAMOTTAPALAM EDUCATION DISTRICT PALAKKAD DISTRICT -678 633.

2X

4. SREELATHA RAVEENDRAN HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) HIGHER SECONDARY SCHOOL, KATAMPAZHIPURAM OTTAPALAM EDUCATION DISTRICT PALAKKADDISTRICT - 678 633

5. SREE RESHMI RAVINDRAN HIGH SCHOOL ASSISTANT (ENGLISH) HIGHER SECONDARYSCHOOL, KATAMPAZHIPURAM OTTAPPALAM EDUCATIONDISTRICT PALAKKAD DISTRICT - 678 633

6. SAJITH C HIGH SCHOOL ASSISTANT (ENGLISH) HIGHER SECONDARY SCHOOL, KATAMPAZHIPURAM OTTAPPALAM EDUCATION DISTRICT PALAKKADDISTRICT - 678 633 R4-R6 BY ADV. SRI.JACOB SEBASTIAN R1-R3 BY ADV. GOVERNMENT PLEADER (SR): ADV.SMT.M J RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-04-2015, ALONG WITH WPC. 5117/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXT.P-1: TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER EXT.P-2: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER EXT.P-3: TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER EXT.P-4: TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER EXT.P-5: TRUE COPY OF THE STAFF FIXATION ORDER EXT.P-6: TRUE COPY OF THE STAFF LIST OF THE SCHOOL AS ON 1.7.2010 PREPARED BY THE MANAGER EXT.P-7: TRUE COPY OF THE G.O(RT) NO.2542/10/G.EDN EXT.P-8: TRUE COPY OF THE ORDER NO.K.DIS B2/2307/10 EXT.P-9: TRUE COPY OF THE G.O(RT) NO.2178/2010/G.EDN EXT.P-10: TRUE COPY OF THE G.O(RT) NO.610/2011/G.EDN EXT.P-11: TRUE COPY OF THE INTERIM ORDER IN IA NO.10203/11 IN WPC NO.8971/2011 EXT.P-12: TRUE COPY OF THE ORDER NO.B2/2613/11 OF THE 3RD RESPONDENT EXT.P-13: TRUE COPY OF THE LETTER NO.58034/P2/11/G.EDN EXT.

P-14: TRUE COPY OF THE ORDER NO.B5/15814/11/K.DIS OF THE DEPUTY DIRECTOR EXT.P-15: TRUE COPY OF THE G.O(RT) NO.1744/2012/G.EDN EXT.P-16: TRUE COPY OF THE ORDER NO.B2/2895/12 OF THE 3RD RESPONDENT EXT.P-17: TRUE COPY OF THE G.O(RT) NO.4876/2012/G.EDN EXT.P-18: TRUE COPY OF THE CIRCULAR NO.13402/12/12/G.EDN EXT.P-19: TRUE COPY OF THE JUDGEMENT IN WPC NO.23049/2007 EXT.P-20: TRUE COPY OF THE LETTER NO.7964/E3/09/G.EDN EXT.P-21: TRUE COPY OF THE APPOINTMENT ORDER OF SMT.JYOTHILAKSHMI T.

TRUE COPY OF THE REGISTERED DOCUMENT NO.479/I/2015 OF SRO KATAMPAZHIPURAM EXT P23:

TRUE COPY OF THE COMPROMISE PETITION FILED BEFORE SUB COURT, OTTAPALAM IN OS 165/2005 EXT P24:

TRUE COPY OF THE JUDGMENT IN OS NO.165/2005 OF SUB COURT, OTTAPALAM RESPONDENT(S)' EXHIBITS:NIL

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).Nos.4381 and 5117 of 2014 ============================ Dated this the 10th day of April, 2015

JUDGMENT

Petitioners filed these Writ Petition aggrieved by non-approval of their appointments by the District Educational Officer.

2.

It is submitted that issue relating to management has been settled through Civil Court and therefore, approval of the teachers by the Manager has to be considered by the third respondent, DEO.

3.

In the light of the above, there shall be a direction to the District Educational Officer to consider approval of the petitioners in both Writ Petitions from the date of their respective appointments, which shall be done within a period of two months after affording an opportunity of hearing to the disputed parties to the managership from the date of receipt of a copy of this judgment. Petitioners shall also make available before the D.E.O all the records relating to the issue. If it if found that petitioners are eligible, entire arrears of salary shall be disbursed to the petitioners within a period of two months. The Writ Petitions are disposed of. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/04/15