HAFSATH Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner was appointed as H.S.A. (Arabic) by the fourth respondent Manager with effect from 2-6-2004 as per Ext. P-1 order dated 2-6-2004 in the vacancy which arose consequent on the appointment of Smt. K. Nafeesa, H.S.A. (Arabic) as Head Master of the school with effect from 1-4-2004. Smt. K. Nafeesa, H.S.A. (Arabic) was working against a part-time post of H.S.A. (Arabic), but with full time benefits. When the staff fixation order for the academic year 2004-2005 was issued, though the District Educational Officer, Aluva found the school eligible for a full-time post of H.S.A. (Arabic), based on the effective student strength and the number of periods of work per week, a full time post was not sanctioned on the ground that higher level verification was not conducted by the Deputy Director of Education as required under Rule 12 of Chapter XXIII of the Kerala Education Rules. Consequently, the petitioner's appointment as H.S.A. (Arabic) was approved only on part-time basis as per order dated 13-12-2004 issued by the District Educational Officer, Aluva, with effect from 2-6-2004. Aggrieved by the staff fixation order to the extent it declined the full-time post of H.S.A. (Arabic), the Manager filed an appeal before the Director of Public Instruction under Rule 12B of Chapter XXIII of the Kerala Education Rules. By Ext. P-2 order passed on 2-6-2005, the Joint Director of Public Instruction rejected the appeal on the ground that higher level verification was not conducted. Aggrieved by the order approving her appointment only as part time teacher, the petitioner filed a representation dated 28-1-2005 before the Government. The Government considered the said representation and rejected it on the ground that to sanction an additional division, higher level verification was mandatory as per Rule 12 of Chapter XXIII of the Kerala Education Rules and therefore, the petitioner's request for a full-time post cannot be granted. The petitioner thereafter filed Ext. P-4 representation dated 27-11-2005 seeking a review of Ext. P-3 order. She contended that if higher level verification was required it should have been conducted by the Deputy Director of Education and for the failure of the Deputy Director of Education to conduct the higher level verification, the post of full time teacher cannot be declined. She contended that the failure of the Deputy Director of Education to discharge his statutory functions cannot be held out against her. The instant writ petition was thereafter filed on 18-2-2006, challenging Exts. P-2 and P-3 and seeking a writ in the nature of mandamus commanding the respondents to sanction a full-time post of H.S.A. (Arabic) in the school. The principal contention raised in the writ petition is that the failure of the competent statutory authorities to conduct the higher level verification cannot be held out against the petitioner and operate to her detriment.

(2.) In the meanwhile, an additional post of H.S.A. (Arabic) arose in the school during the academic year 2006-07. The Manager appointed the petitioner as H.S.A. (Arabic) against the said vacancy with effect from 15-7-2006. He did not however submit a proposal to approve the said appointment to the District Educational Officer, Aluva within the time-limit stipulated in Rule 8 of Chapter XIV A of the Kerala Education Rules. The proposal to approve the petitioner's appointment as H.S.A. (Arabic) with effect from 15-7-2006 was submitted only on 30-10-2006. For that reason and also for the reason that the Government had by G.O. (P) No. 169/04/G.Edn. dated 15-6-2004 and G.O. (P) No. 317/05/G.Edn. dated 17-8-2005 imposed a ban on appointments against additional posts and the change of management has not been approved, the District Educational Officer, Aluva declined to approve the said appointment. Aggrieved thereby, the Manager filed an appeal before Deputy Director of Education, Ernakulam who by order passed on 19-5-2007 rejected it. The Manager thereupon filed a revision petition dated 3-7-2007 before the Director of Public Instruction. By order passed on 12-12-2007, the Director of Public Instruction rejected the revision petition. Aggrieved thereby, the Manager filed a revision petition before the State Government. While the said revision petition was pending before the Government, the petitioner filed W.P.(C) No. 7936 of 2010 in this Court challenging the orders passed by the District Educational Officer, Aluva, the Deputy Director of Education, Ernakulam and the Director of Public Instruction declining to approve her appointment with effect from 15-7-2006. The said writ petition was disposed of by judgment delivered on 11-3-2010 with a direction to the Government to consider the revision petition filed by the Manager and pass orders thereon within three months from the date of receipt of a copy of the judgment, after affording the parties an opportunity of being heard. It is not in dispute that pursuant to the said direction, the Government issued Ext. P-5 Order dated 24-1-2011 produced along with I.A. No. 3364 of 2013, whereby, the Government directed the Director of Public Instruction and the Deputy Director of Education, Ernakulam to approve the petitioner's appointment as H.S.A. (Arabic) on full-time basis with effect from 15-7-2006, if she is otherwise eligible.

(3.) When this writ petition came up for hearing today, Sri M. Vijayakumar, learned counsel appearing for the petitioner, brought to my notice a copy of order No. B2-1275/11/DD is dated 8-3-2011 whereby, in implementation of the direction issued by the Government in Ext. P-5, the District Educational Officer, Aluva accorded sanction for one post of H.S.A. (Arabic-Full-time) instead of the part-time post, with effect from 15-7-2006 in the fourth respondent's school and directed that the staff fixation orders for the period from 2006-07 to 2010-11 shall stand revised accordingly. A copy of the said order is incorporated in the records.