RETHINATH K MENON Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Writ Appeal No. 2199 of 2002 is preferred by the Manager of an aided high school, who was the fifth respondent in O.P. No. 30612 of 2002 and Writ Appeal No. 2276 of 2002 is preferred by the seventh respondent in the original petition. Original petition was preferred by the seventh respondent seeking a writ of certiorari to quash Exts. P4 and P12 orders and also for a declaration that he is entitled to have all the service benefits including salary and other consequential benefits.

(2.) For the disposal of these appeals we may refer to the parties according to their status in the original petition. Fifth respondent was the Manager of V.V.S. High School, Mannuthy which was taken over by the Government as per notification issued under Section 14(2) of the Kerala Education Act for a period of five years. Petitioner was appointed by the District Educational Officer, Thrissur who was in management of the school, as a full time menial on 29-06-1992, the said appointment could not be approved. On fixation of staff strength petitioner's service was terminated with effect from 14-07-1992. However when a vacancy of Peon arose in the school on 01-12-1994 the District Educational Officer appointed the petitioner to the said post without notifying the said vacancy to the Employment Exchange though the petitioner was overaged on the date of the appointment. District Educational Officer however granted approval of her appointment with effect from 01-03-1995. District Educational Officer further promoted her to the post of Clerk as per Ext. P3 order dated 27-04-1995.

(3.) The management of the school was later taken over from the District Educational Officer. The Manager on joining duty appointed the seventh respondent. The Headmaster of the school then issued Ext. P4 order relieving the petitioner with effect from 3-4-1998. Ext. R5(a) along with Ext. P4 were tendered to the petitioner who refused to accept the same. Petitioner filed a complaint before the District Educational Officer, who passed Ext. P7 order dated 8-6-1998, cancelling Ext. R5(a) order and the Manager was directed to re-admit the petitioner to duty with immediate effect. Manager then filed an appeal before the Deputy Director of Public Instruction. Appeal was dismissed as per order dated 23-03-1999. Manager also filed revision petition before the Director of Public Instruction which was dismissed as per order dated 12-07-1999. Later Manager took up the matter in revision before the Government. Government after considering the various contentions allowed the revision petition vide Ext. PI 2. It was found that the appointment of the petitioner as full time menial and as Peon and the promotion as Clerk was illegal. However, it was ordered that since the petitioner had already discharged her duties, salary paid to her need not be recovered from her. The order passed by the Director of Public Instruction was set aside and the appointment of seventh respondent with effect from 03-04-1998 was approved. Aggrieved by the same the writ petition has been preferred.