PHILIP THOMAS Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) W.P.(C) Nos. 16770 and 19348 of 2003 are filed challenging Government Order, G.O. Ms.78/87/G.Edn. dated 31.3.1987 (Ext.P-1 in W.P.(C) No. 16770/ 2003) and G.O.(Rt) No. 5641/99/G.Edn. dated 31.12.1999 and G.O.(Rt) No. 1388/03/G.Edn. dated 4.4.2003 (Exts.P-1 and P-3 in W.P.(C) No. 19348/2003 respectively). The essence of challenge in these two Writ Petitions are against the approval of appointment of Sri. Jossy Stephen (6th respondent in W.P.(C) No. 16770/2003). The 6th respondent passed certificate examination in Physical Education conducted by the Karnataka Government which is accepted by the Government of Kerala as an alternate qualification by Ext.P-1 Government Order in W.P.(C) No. 16770/2003. He was so appointed for different periods from 18.8.1994 to 4.11.1994, 4.10.1995 to 27.1.1996 and 11.6.1996 onwards on regular basis. Pursuant to the judgment (Ext.P-4 in W.P.(C) No. 16770/2003) of this Court in O.P.No. 18762/2001, the Government has passed final orders approving the appointment of the 6th respondent for the period from 18.8.1994 to 4.11.1994 and 4.10.1995 to 27.1.1996. However, no orders approving his regularisation of service from 11.6.1996 onwards have been passed. W.P.(C) No. 18471/2003 is filed for a direction to the authorities to approve that service also and disburse his salary.

(2.) The bone of contention between the parties in these Writ Petitions is as to whether the approval granted by Ext.P-1 for the service 6th respondent for the above periods is in accordance with law. Petitioners in W.P. (C) Nos. 16770 and 19348 of 2003 contend as follows:

(3.) Rule 1 of Chapter XXXI reads as under: