STATE OF KERALA Vs. JAYAN

JUDGEMENT

(1.) Aggrieved by the judgment of the learned Single Judge in WP (C) No. 23049 of 2007, the appellants who were respondents 1 to 3 in that writ petition have preferred this writ appeal. The brief facts of the case are the following:

(2.) Respondents 1 and 2 herein have filed the above writ petition. They have approached this Court challenging Exts. P1 and P2 orders of the District Educational Officer (DEO), Thrissur. A vacancy arose in the school of the 3rd respondent in the post of Peon on 01/10/03 as a result of the retirement of the existing Peon on 30/09/03. The 2nd respondent who was working as FTM was clamouring for promotion, but, because of the dispute regarding management and the orders of the Government restraining the Manager from making appointment, he was not promoted. Finally, the Manager by order dated 25/10/06, promoted the 1st respondent as Peon. In the resultant vacancy, the manager appointed the 2nd respondent as FTM on 08/11/2006. The DEO rejected the approval of appointment of the 1st respondent by Ext. P1, on the ground that the incumbent holding the post of Manager at the relevant time, though he was permitted by the Government to function as Manager, was restrained from making any appointments. The DEO declined to approve the appointment of 2nd respondent on the same ground mentioned in Ext. P1. Feeling aggrieved by Exts. P1 and P2 the writ petition was filed by respondents 1 and 2. The learned Judge quashed Exts. P1 and P2 and directed the DEO to approve their appointments, provided, they are otherwise qualified and eligible. It was observed that the dispute regarding the management cannot affect the appointments of the staff.

(3.) The official respondents have preferred this appeal contending that Annexure II order of the Government dated 22/10/01, provided that, all posts lying vacant for more than one year should be abolished forthwith. The appellants would submit that relying on Annexure II order, the Deputy Director of Education (DDE), Thrissur has issued Annexure-I order dated 28/07/07 abolishing the post of Peon in VVS HS (3rd respondent's school), which was lying vacant for more than one year. So, there is no post of Peon with effect from 28/07/07, it is submitted. In view of Annexures I and II, the appellants would submit that the direction of the learned Single Judge given in the judgment under appeal is unsustainable.