BY AD v. LINDONS C.DAVIS

STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 DIRECTOR OF GENERAL EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM., PIN - 695001 REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, 2ND FLOOR, CIVIL STATION, ERANHIPPALAM, KOZHIKODE., PIN - 673020 DISTRICT EDUCATIONAL OFFICER, VADAKARA DISTRICT EDUCATIONAL OFFICE, MINI CIVIL STATION, VADAKARA, KOZHIKODE DISTRICT., PIN - 673104 PRINCIPAL SREE VASUDEVA ASHRAMA H.S.S., NADUVATHUR, NADAVATHUR.P.O, KOYILANDY, KOZHIKODE DISTRICT., PIN - 673620 SRI.PREMCHAND R.NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.34871/2023 ..3.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34871 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2024 J U D G M E N T Petitioners were appointed as Higher Secondary School Teachers (HSST) pursuant to the selection for the academic year 2011-12. Exhibits P1 to P8 are the orders of appointment. The third respondent, Regional Deputy Director of Higher Secondary Education, Kozhikode, had approved the appointment of the petitioners with effect from 03/06/2013 in the post of HSST (Junior) as per Exhibits P9 to P16 stating that the approval orders would be revised if necessary, on staff fixation. Petitioners submit that Ext.P17, dated 23/01/2015 is the staff fixation order by which the Government sanctioned the upgradation of the posts of the petitioners as HSST. Petitioner's HSST (Junior) posts were upgraded as HSST from the academic year 2012-13 onwards, and therefore, the petitioners pray that their approval orders may be revised with effect from the date of their appointment.

2. In Ext.P18 the Regional Deputy Director had pointed out that the request of the petitioners for being appointed as HSST was not W.P.(C) No.34871/2023 ..4.. being considered for want of a Manager as the previous incumbent died in 2015. It is also pointed out by Ext.P20, dated 04/06/2022, that the Government sanctioned to takeover of the school. Under such circumstances, by Ext.P25, the Regional Deputy Director expressed his inability to decide on the issue.

3. The learned Government Pleader submits that the petitioners were appointed at a time when the posts were not sanctioned. The Manager expired, and no one else was appointed as the Manager. The learned Government Pleader also points out that Ext.P17 is not retrospective. Since there is no provision for the Regional Deputy Director to act as a school manager, the teacher's probation cannot be declared by him.

4. Under such circumstances, the second respondent will have to take a fresh decision on the question of approval of the petitioners as HSST from the date of their appointments by implementing Ext.P17 staff fixation order, which has become final, and to consider the request of the petitioners to approve their appointments as HSST with effect from the date of appointments in Exts.P1 to P8 appointment orders and also to disburse the consequential monetary benefits. W.P.(C) No.34871/2023 ..5..

5. To enable such an exercise, Ext.P25 is quashed, and accordingly, there will be a direction to the second respondent to consider the case of approval of the petitioner's appointments made as per Exts.P1 to P8 with effect from the date of their appointments in the light of Ext.P17 order. A decision on the approval shall be taken within three months from today. The consequential monetary benefits to which the petitioners are entitled on such approval shall be paid within a further period of three months from the date of grant of the approval as aforesaid. The writ petition is disposed of as above. APA Sd/- MOHAMMED NIAS C.P. JUDGE W.P.(C) No.34871/2023 ..6.. APPENDIX OF WP(C) 34871/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 A COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 23.07.2012 A COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER DATED 23.07.2012. A COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER DATED 25.07.2012. A COPY OF THE APPROVAL ORDER NO.A1/13341/2012 DATED 03.12.2013 OF THE 1ST PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/13350/2012 DATED 17.12.2013 OF THE 2ND PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/13347/2012 DATED 03.12.2013 OF THE 3RD PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/13343/2012 DATED 24.10.2013 OF THE 4TH PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/13346/2012 DATED 24.10.2013 OF THE 5TH PETITIONER. Exhibit P14 A COPY OF THE APPROVAL ORDER NO.A1/13348/2012 DATED 03.12.2013 OF W.P.(C) No.34871/2023 ..7.. Exhibit P15 Exhibit P16 THE 6TH PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/ 13342/2012 DATED 24.10.2013 OF THE 7TH PETITIONER. A COPY OF THE APPROVAL ORDER NO.A1/ 13344/2012 DATED 03.12.2013 OF THE 8TH PETITIONER. Exhibit P17 A COPY OF THE GO(MS) NO.23/2015/GEDN DATED 23.01.2015. Exhibit P18 A COPY OF THE LETTER NO.A5/767/2017 DATED 18.02.2017 OF THE 3RD RESPONDENT. Exhibit P18(a) A TYPED LEGIBLE COPY OF EXHIBIT.P18. Exhibit P19 A COPY OF THE LETTER NO.ACD3/37050/ 2017H.S.E. DATED 10.08.2017 OF THE 2ND RESPONDENT. Exhibit P19(a) A TYPED LEGIBLE COPY OF EXHIBIT.P19. Exhibit P20 A COPY OF THE G.O(RT)NO.3392/2022/ G.EDN. DATED 04.06.2022. Exhibit P21 A COPY OF THE QUESTION NO.1541 (NOT STAR MARKED) AND ANSWERS TO THE SAME DATED 11.09.2023 IN 15TH KERALA LEGISLATIVE ASSEMBLY. Exhibit P22 A COPY OF LETTER NO A6/8723/2022/U TE DATED 18.01.2023 OF THE 4TH RESPONDENT. Exhibit P23 Exhibit P24 Exhibit P25 A COPY OF THE LETTER DATED 16.02.2022 FROM THE PRINCIPAL OF THE PETITIONERS SCHOOL TO THE 3RD RESPONDENT. A COPY OF THE LETTER DATED 21.10.2022 FROM THE PRINCIPAL OF THE PETITIONERS SCHOOL TO THE 3RD RESPONDENT. A COPY OF THE LETTER NO.RDDHSE/KKD/ 1085/2023 DATED 03.05.2023 OF THE 3RD RESPONDENT. W.P.(C) No.34871/2023 ..8.. RESPONDENT EXHIBITS Exhibit R3(a) True copy of GO(MS) No. 217/2013/GEDN dated. 23/7/2013 Exhibit R3(b) True copy of the letter No. A2/8730/ 2015 dated. 8.3.18 of the RDD. HSE, Kozhikode Exhibit R3(c) True copy of the Order No. Acd.B1/268379/2022/HSE dated 7.8.2023