SASIKALA Vs. VRINDHA

JUDGEMENT

(1.) W.A. Nos. 32 and 43 of 2000 are filed against the judgment in O.P. No. 26325 of 1999. W.A. No. 43 of 2000 is filed by the Secretary, Vamanapuram Grama Panchayat, while W.A. No. 32 of 2000 is filed by one Sasikala, who filed the appeal after getting leave from this Court. W.A. No. 2789 of 2000 is filed against the judgment in O.P. No. 7419 of 2000.

(2.) As already stated W.A. Nos. 32 and 43 of 2000 arise out of O.P. No. 26325 of 1999. There, the petitioners are P.S. Vrindha and Juli S. Nair. The first petitioner in the Original Petition was appointed as Upper Primary School Assistant from 6.11.1996 to 31.3.1997 against a retirement vacancy of one Mary George in Anakudy U.P.S. under the management of the Vamanapuram Grama Panchayat. The second petitioner was appointed as Upper Primary School Assistant from 8.11.1996 to 31.3.1997 against a retirement vacancy of one P. Radhamani Amma in the same school under the management of the Vamanapuram Grama Panchayat.

(3.) The above two appointments were approved by the Educational Authorities. According to the petitioners, they were selected for appointment by a duly constituted Selection Committee, which consisted of Deputy Director of Education and the District Panchayat Officer, Thiruvananthapuram. The vacancies to which the petitioners were appointed were permanent vacancies. Hence, they could have continued in the vacancies. But their services were terminated on 31.3.1997 by the Headmaster. This was based on G.O. (MS) No. 218/95 - LAD dated 6.10.1995, copy of which is produced as Ext. P5 in the case. In Ext. P5, it is stated that 19 High Schools, 29 Upper Primary Schools, 63 Lower Primary Schools are functioning under the management of various Panchayats in Kerala. The appointments in the Panchayat Schools are based on the Kerala Panchayat (Spread of Education) Rules. The Panchayat is treated as the Educational Agency and the Secretary is treated as the Manager. Teachers are appointed after getting approval from the Employment Exchange. The Government has decided to entrust the selection of teachers to the Public Service Commission. But for implementing this, the Kerala Education Rules and the Kerala Panchayat (Spread of Education) Rules have to be amended. Since it will take some time to make the appointments, directions have been issued to make temporary appointments. It is stated in the order that till amendments are made, the appointments will be made from the candidates sponsored by the Employment Exchange. The Deputy Director and the District Panchayat Officer will be the members of that Committee. The appointments will be purely on temporary basis. It is made clear that the Rules regarding temporary appointment in private management is not applicable. It is on the basis of Ext. P5 that the appointments were made temporarily, even though the posts were permanent. The prayers made in the Original Petition are for a direction to the respondents calling for the records leading to Exts. P3, P4, P5, P8 and P10 and to quash the same and to issue a direction to the third respondent to reappoint the petitioners as Upper Primary School Assistant in Anakudy U.P.S. and for other reliefs.