ANEESH M.R Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed inter alia seeking the following reliefs:

(2.) The petitioners are teachers of K.P.R. Higher Secondary School, Kongad. Higher Secondary Course had been sanctioned in the said school and the petitioners were working as Guest Lecturers for the year 2011-12. Later notification was issued inviting applications for appointment as HSST in various subjects pursuant to which petitioners were appointed by the school as HSST in various subjects as per Ext.P2 series documents. The appointment order is dated 4/6/2012. By order dated 27/3/2013 in WP(C) No.4053/13, a learned Single Judge of this court passed an interim order directing the Director of Higher Secondary Education to approve the appointment of the petitioners without awaiting sanction of the Government. Petitioners submit that pursuant to the said direction, the 3rd respondent issued order dated 22/3/2014 approving the appointment of the 2 nd and 3rd petitioners on Guest basis from 28/6/2012 to 14/7/2013, 1 st and 4th petitioner from 4/6/2012 to 14/7/2013, 5 th petitioner from 28/6/2012 to 28/2/2013 and from 15/7/2013 on regular basis for petitioners 1 to 4 and from 8/7/2013 in respect of the 5 th petitioner.

(3.) We have already held in WP(C) No.9063/15 and connected cases including WP(C) No.4053/2013 filed by the petitioners that the petitioners will be entitled for being approved in the respective schools based on the creation of posts during 2011-12 and 2012-13 as per Government Order dated 15/7/2013. In the said writ petitions, we have clarified that the prospective operation of the said Government Order is not valid. In Ext.P4 also, the appointment had been made valid only from 15/7/2013 which we have already held would be applicable from the date when posts were created during the particular academic year. The case of the petitioners shall also be considered in the light of the judgment in WP(C) No.9063/15 and connected cases.