High Court Kerala High Court

K.Sadath vs State Of Kerala on 20 November, 2008

Kerala High Court
K.Sadath vs State Of Kerala on 20 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28223 of 2007(I)


1. K.SADATH, MYLISSERY, CHERIYA KUMBALAM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. ASSISTANT EDUCATIONAL OFFICER,

3. THE MANAGER, M.I.U.P.SCHOOL, KUTTIADI,

4. P.JAMEELA, ASSISTANT TEACHER,

5. PREMANAND, M.I.U.P.SCHOOL, KUTTIADI,

6. SAREENA K.K., M.I.U.P.SCHOOL,

7. SHYAMA, M.I.U.P.SCHOOL, KUTTIADI,

8. SHEEJA, M.I.U.P.SCHOOL, KUTTIADI,

                For Petitioner  :SRI.AVM.SALAHUDIN

                For Respondent  :SRI.B.KRISHNAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/11/2008

 O R D E R
                     ANTONY DOMINIC, J

    -----------------------------------------------------------
                    W.P.(C).No.28223/2007
    -----------------------------------------------------------
          Dated this the 20th day of November, 2008


                           JUDGMENT

Petitioner is an Arabic Teacher, who has approved

service under the 3rd respondent, for various spells of time.

The last spell of his service was for the period from

15.7.2001 t0 14.7.2006. During this period of his

employment, the petitioner got himself implicated in a

criminal case and was arrested on 28.7.2001. He was

enlarged on bail on 1.10.2001. By Ext.P1 order dated

6.10.2001, based on Ext.P2 letter of the AEO, the Manager

issued notice removing him from service with effect from

28.7.2001.

2. He challenged Ext.P2 and ultimately the Government

by Ext.P3 order confirmed Ext.P2. During this period

petitioner was contesting the criminal case and finally by

WP(c).No.28223/07 2

judgment dated 29.8.2006 in S.C.No.705/2003, it is stated

that he was acquitted by the Sessions court and that

judgment has been confirmed by this court in

Crl.R.P.No.1809/06 by judgment dated 18.12.2006.

3. Meanwhile claiming reinstatement petitioner filed

O.P.No.35469/2002 before this court. That Original Petition

was disposed of directing the petitioner to represent the

matter before the Government. It is stated that,

accordingly he filed Ext.P5, which was disposed of by Ext.P6

order dated 11.7.2009. Though in Ext.P6, the Government

held that, the review is not maintainable as Ext.P3 was not

an original order, still it was clarified that the petitioner will

be entitled for appointment in future as provided under Rule

51-A of Chapter XIV-A KER. It is at this stage, the

petitioner filed this writ petition, seeking to quash Exts.P1,

P2,P3 and P6 and to direct the respondents to reinstate him.

4. Admittedly, the service of the petitioner up to

14.7.2001 was approved service. Though he was again

WP(c).No.28223/07 3

appointed on 15.7.2001, during this period of service, he

was arrested in a criminal case and consequently by Ext.P1

he was removed from service with effect from 28.7.2001.

Though this service may not be of any assistance to the

petitioner to claim the benefit of Rule 51-A, still having

regard to the fact that the petitioner has previous approved

service, Government granted the benefit of Rule 51-A

Chapter XIV-A KER as put forth in Ext.P6. In my view, the

petitioner has been rightly granted the benefit in Ext.P6.

Petitioner now contends that, his claim for the benefit

of Rule 51-A having been recognized in Ext.P6, he ought to

have been considered against the vacancies to which

respondents 4 to 10 were appointed. Obviously, his claim

for the benefit of Rule 51-A was recognized only by Ext.P6

dated 11.7.2007 and the aforesaid appointees were all

appointed prior to that Government Order. In my view, it is

alson not possible to disturb their appointment as Ext.P6

order was passed without notice to those appointees.

WP(c).No.28223/07 4

Therefore, the petitioner’s claim will have to be confined to

the next arising suitable vacancy in which case the Manager

shall consider the petitioner’s candidature against that

vacancy.

Writ Petition is disposed of as above.

ANTONY DOMINIC
JUDGE

vi.

WP(c).No.28223/07 5