Anitha C v. The Assistant Education Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11807 of 2015 (A) ---------------------------- PETITIONER(S):

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1. ANITHA C AGED 30 YEARS LOWER PRIMRY SCHOOL ASSISTANT (LPSA) A.M.LOWER PRIMARY SCHOOL PUTTANIKKAD (NOW CHANGED AS VIDYODAYAM AIDED LOWER PRIMARY SCHOL PUTTANIKKAD), KANDAMANGALAM P, MANNARKKAD PALAKKAD DISRTRICT

2. VIPIN.K LOWER PRIMRY SCHOOL ASSISTANT (LPSA) A.M.LOWER PRIMARY SCHOOL PUTTANIKKAD (NOW CHANGED AS VIDYODAYAM AIDED LOWER PRIMARY SCHOL PUTTANIKKAD), KANDAMANGALAM P, MANNARKKAD PALAKKAD DISRTRICT

3. DIVYA.P.M LOWER PRIMRY SCHOOL ASSISTANT (LPSA) A.M.LOWER PRIMARY SCHOOL PUTTANIKKAD (NOW CHANGED AS VIDYODAYAM AIDED LOWER PRIMARY SCHOL PUTTANIKKAD), KANDAMANGALAM P, MANNARKKAD PALAKKAD DISRTRICT BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S):

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1. THE ASSISTANT EDUCATION OFFICER MANNARKKAD, PALAKKAD DISTRICT 678 583.

2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD678 001

3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD678 001.

4. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001.

5. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT GENERAL EDUCTION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

R BY SR.GOVERNMENT PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11807 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DATED 1/8/2006 EXHIBIT P2 COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 31/7/2006 EXHIBIT P3 COPY OF RTHE APPOINTMENT ORDER OF THE 3RD PETITINOER DATED 16/7/2007 EXHIBIT P4 COPY OF THE GOVERNMENT ORDER GO(P) 10/10/G.EDN DATED 12/1/2010 EXHIBIT P5 COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER,MANNARKKAD DATED 21/12/2011 EXHIBIT P6 COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION , PALAKKAD AS FAR AS THE 2ND PETITIONER IS ONCERNED,PALAKKAD 9/10/2013 EXHIBIT P7 COPY OF THE GO(RT) NO.2651/2014/GEN.

EDN DATED 4/7/2014 EXHIBIT P8 COPY OF THE ORDER PASSED BY AEO DATED 18/12/2014 EXHIBIT P9 COPY OF THE REVISION FILED BY THE IST PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS, DATED 23/12/2013 EXHIBIT P10 COPY OF THE REVISION FILED BY THE 2ND PEWTITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 23/12/2013 EXHIBIT P11 COPY OF THE REVISION FILED BY THE 3RD PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 23/12/2013 RESPONDENT(S)' EXHIBITS : NIL ------------------------ ms \\TRUE COPY// P.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.11807/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th Day of April, 2015

J U D G M E N T

The petitioners submit that though they were appointed in regular vacancies having duration of more than one year, approval in respect of their initial period of appointments were granted only on daily wage basis and thereafter, on regular basis. Petitioners rely on the judgment of the Hon'ble Supreme Court in State of Kerala v. Sneha Cheriyan [2013 (1) KLT 755 (SC)] and submits that they are entitled for approval on regular basis with effect from the date of appointment.

The petitioners already moved the Government by Exts.P9 to P11 revision petitions. 2.

In that view of the matter, there shall be a direction to the first respondent to consider Exts.P9

W.P.(C).No.11807/2015 -:2:- to P11 in the light of Sneha Cheriyan's case (supra) within a period of three months after affording an opportunity of hearing to the petitioners.

The writ petition is disposed of as above. No costs.

SD/- A.MUHAMED MUSTAQUE, JUDGE ms The words "first respondent" occurring in the 2nd line of 2nd paragraph of the judgment are corrected as "fifth respondent", vide order dated 23/06/2015 in I.A.No.7965/2015 in W.P.(C).No.11807/2015.

Sd/- Registrar (Judicial)