Ashwathy Mohanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):

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1. ASHWATHY MOHANAN PUTHENPURACKAL, KARUNAPURAM P.O., KATTEKKANAM IDUKKI-685 552.

2. MELONY THOMAS KANDAMPARAMBIL, KALLAR P.O., THOOKKUPALAM IDUKKI-685 552.

3. JOMOL JOSEPH PLATHARA HOUSE, COMBAYAR P.O., PATTATHIMUKE IDUKKI-685 553.

4. MANJU CHACKO ANICKATHOTTIYIL HOUSE, PANICKANKUDY, KOMBODINJAL IDUKKI-685 571.

5. SIMI GEORGE PALLIKUNNEL, IDUKKI COLONY P.O., VAZHATHOPPU IDUKKI-685 602.

6. JOSNA JOY PLAMKUDIYIL HOUSE, VALARA P.O., 12TH MILE IDUKKI-685 561.

7. AMBILI M.G.

KRISHNA BHAVAN, THOOKKUPALAM, IDUKKI-685 552. BY ADVS.SRI.B.RAGUNATHAN SRI.M.SALIM SRI.P.KARTHIKEYAN SRI.R.SRINATH SRI.V.M.JACOB CONTD .. 2..

.. 2 ..

RESPONDENT(S):

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

2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM-695 001.

3. REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE TEXT BOOK OFFICE BUILDING, VAYASKARAKUNNU KOTTAYAM-680 002.

4. PRINCIPAL GOVERNMENT HIGHER SECONDARY SCHOOL, NEDUMKANDOM NEDUMKANDOM P.O., IDUKKI-685 553.

R BY GOVERNMENT PLEADER SMT. M.J. RAJASREE R BY SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA R BY SRI. PAUL JACOB, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

COPY OF APPOINTMENT ORDER NO.A1/2/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 1ST PETITIONER. EXT.P2 :

COPY OF APPOINTMENT ORDER NO.A1/3/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 2ND PETITIONER. EXT.P3 :

COPY OF APPOINTMENT ORDER NO.A1/1/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 3RD PETITIONER. EXT.P4 :

COPY OF APPOINTMENT ORDER NO.A1/4/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 4TH PETITIONER. EXT.P5 :

COPY OF APPOINTMENT ORDER NO.A1/4/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 5TH PETITIONER. EXT.P6 :

COPY OF APPOINTMENT ORDER NO.A1/4/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 6TH PETITIONER. EXT.P7 :

COPY OF APPOINTMENT ORDER NO.A1/7/56/2014-15 DTD.20.8.2014 ISSUED BY 4TH RESPONDENT TO THE 7TH PETITIONER. EXT.P8 :

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE HON'BLE CHIEF MINISTER OF KERALA, DTD.21.11.2014.

EXT.P9 :

COPY OF THE ACKNOWLEDGMENT (MESSAGE) RECEIVED BY 2ND PETITIONER DTD.10.12.2014 FROM THE OFFICE OF MINISTER FOR EDUCATION.

EXT.P10 :

COPY OF THE ACKNOWLEDGMENT (MESSAGE) RECEIVED BY 2ND PETITIONER DTD.4.12.2014 FROM THE OFFICE OF CHIEF MINISTER.

EXT.P11 :

COPY OF LETTER NO.A1/10386/RDD/14 DTD.19.12.2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.

EXT.P12 :

COPY OF ORDER OF APPOINTMENT NO.A1/8/56/2015-16 DTD.28.5.2015 ISSUED BY 4TH RESPONDENT TO PETITIONERS 1 TO 4. EXT.P13 :

COPY OF ORDER OF APPOINTMENT NO.A1/9/56/2015-16 DTD.28.5.2015 ISSUED BY 4TH RESPONDENT TO 7TH PETITIONER. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- // TRUE COPY // P.A TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.26056 of 2015 - F ====================== Dated this the 10th day of December, 2015

J U D G M E N T

The petitioners were appointed on various dates as Guest Teachers in the 4th respondent school. The appointment was made on the basis of a Circular of the Director of Higher Secondary Education, bearing No.ACD.C1.42929/2012/HSE dated 15.06.2013. All the petitioners were appointed on 27.08.2014 and continued till 28.02.2015. Petitioners 1 to 4 and 7 were again re-appointed on 01.06.2015 and are continued till date. Admittedly, the petitioner's appointment was on daily wages, however, the same was permissible, as per the instruction of the Director of Higher Secondary Education, the 2nd respondent herein, as mentioned above.

2. The learned Government Pleader also submits that earlier, the amount was not sanctioned, since there was lack of

W.P.(C) No.26056 of 2015 - F funds. However, now it is submitted that as on 10.09.2015, the Government has directed the Director of Higher Secondary Education to consider the applications of all such daily wage appointments, since funds have been made available. In such circumstance, the petitioners' case shall be considered by the 2nd respondent, within a period of one month from the date of production of a certified copy of this judgment and the amounts paid within two months thereafter.

The writ petition is disposed of. No costs.

Sd/- K. VINOD CHANDRAN, JUDGE SB/11/12/2015 // true copy // P.A to Judge.