IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4054 of 2004(G)
1. AMBILY.S.,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTIONS,
3. DEPUTY DIRECTOR OF EDUCATION,
4. DISTRICT EDUCATIONAL OFFICER,
5. MANAGER,
For Petitioner :SRI.BENOY THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :25/06/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
-------------------------
WP(C) No. 4054 of 2004
---------------------------------
Dated, this the 25th day of June, 2008
J U D G M E N T
Ramachandran Nair, J.
Petitioner was appointed as High School Assistant to teach
Mathematics in the 5th respondent’s School on a vacancy arising on
account of shifting of one Smt.Radhamony to Higher Secondary
section of the same school. Regularisation of petitioner’s
appointment was withheld on account of delay in regularisation of
appointment of the said Smt.Radhamony. In other words, the post
to which the petitioner was appointed becomes a regular vacancy
only when the said Smt.Radhamony is regularised in the higher
secondary section of the school. The impugned orders are passed
at a time when Smt.Radhamony’s service was not regularised, with
effect from the date on which petitioner joined. However, learned
counsel for the petitioner submitted that later Ms.Radhamani’s
service is regularised with effect from the date on which she was
promoted, that is when petitioner joined duty. Consequently,
petitioner is entitled to regularisation on the date on which she was
absorbed. The writ petition is, accordingly, disposed of with
WP(C) No.4054/2004
-2-
direction to 4th respondent to pass appropriate orders, based on
subsequent developments i.e. regularisation of Ms.Radhamani’s
promotion in the higher secondary section, with retrospective effect
and petitioner will be given consequential benefit without any delay.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg
WP(C) No.4054/2004
-3-