K.Riyas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 22364 of 2012 (U) ---------------------------- PETITIONER(S):
-------------- K.RIYAS AGED 37 YEARS HIGH SCHOOL ASSISTANT (MALAYALAM) MIM HIGHER SECONDARY SCHOOL, P.O.PERODE, NADAPURAM VADAKARA KOZHIKODE DISTRICT. PIN - 673504 RESIDING AT KUNHIPARAMBATH HOUSE CHALAPPURAM P.O. NADAPURAM, VADAKARA KOZHIKODE - 673504.
BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695001.
3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE 673 001
4. DISTRICT EDUCATIONAL OFFICER, VADAKARA 673101.
5. THE MANAGER, MIM HIGHER SECONDARY SCHOOL, P.O.PERODE, NADAPURAM, VADAKARA, KOZHIKODE DISTRICTPIN - 673504. R5 BY ADV. SMT.K.AMMINIKUTTY R1 BY ADV. GOVERNMENT PLEADER:
SRI S JAMAL SR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22364 of 2012 (U) APPENDIX PETITIONER(S) EXHIBITS:
EXT.P-1 A TRUE COPY OF THE ORDER DATED 30/11/2004 PASSED BY THE FOURTH RESPONDENT.
EXT.P-2 TRUE COPY OF THE ORDER DATED 24.08.2005 PASSED BY THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS.
EXT.P-3 TRUE COPY OF THE PROCEEDINGS DATED 30.11.2005 OF THE 2ND RESPONDENT.
EXT.P-4 TRUE COPY OF THE ORDER DATED 19.7.2005 OF THE 3RD RESPONDENT.
EXT.P-5 TRUE COPY OF THE ORDER DATED 24.09.2008 OF THE 1ST RESPONDENT.
EXT.P-6 TRUE COPY OF THE ORDER NO.D.DIS.B3-8214/2011 DATED 12.01.2012 EXT.P-7 TRUE COPY OF G.O(P)NO.46/2006 DATED 7/2/2006 EXT.P-8 TRUE COPY OF G.O(P) NO.19/2009 DATED 9/2/2009 EXT.P-9 TRUE COPY OF G.O(P) NO.10/2010 DATED 12/1/10 EXT.P-10 TRUE COPY OF G.O(RT) NO.842/2011/G.EDN DATED 1/3/09 EXT.P-11 TRUE COPY OF LETTER NO.8897/E1/05/G.EDN DATED 27.01.2005 EXT.P-12 TRUE COPY OF REPRESENTATION DATED 12.10.2011 FILED BY THE PETITIONER.
EXT.P-13 TRUE COPY OF REPRESENTATION DATED 14.06.2011 FILED BY THE FIFTH RESPONDENT.
EXT.P-14 TRUE COPY OF REPRESENTATION DATED 14.06.2011 FILED BY THE WIFE OF THE PETITIONER.
EXT P15 TRUE COPY OF CIRCULAR DATED 24.1.05 RESPONDENTS' EXHIBITS :NIL True Copy/ P A to Judge
A.MUHAMED MUSTAQUE, J.
========================= W.P(C).No.22364 of 2012 ============================ Dated this the 04th day of February, 2015
JUDGMENT
Petitioner was appointed as High School Assistant (Malayalam) in the MIM Higher Secondary School, Perode. On 13.07.2004 approval of petitioner's appointment was rejected on the ground that Manager has not appointed protected teachers in the school. It is submitted that two of the protected teachers have been appointed and no list of protected teachers was made available to the Manager at the relevant time. Petitioner also relies on Ext.P10 where the approval has been given to one of the teacher who was appointed on 15.09.2004 as a special case by the Government. It is submitted that in view of the fact that appointment of the junior teacher has been approved, there is no point in ignoring the claim of approval of the petitioner with effect from the date of appointment. 2.
The issue is covered in favour of the petitioner in view of the decision in State of Kerala Vs. Nadeera (2013 (2) KLT 88) where reference is made to the decision in Nadeera Vs.State of Kerala (2011(3) KLT 790).
3.
Having approved the appointment of juniors to the petitioner's, I do not find any justification on the part of the
W.P(C).No.22364 of 2012 authorities rejecting approval of appointment of petitioner. There shall be a direction to the respondents to approve the appointment of petitioner with effect from 13.07.2004 and pay arrears of salary within a period of three months from the date of receipt of a copy of this judgment. Accordingly, impugned orders are quashed to the limited extent of declining approval only from the date of appointment.
The Writ Petition is disposed of.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
Sbna/07/02/15