K. Girija Devi v State of Kerala and Others; G. Chandramathi Amma v State of Kerala and Others (Consolidated writ petitions under WP(C).Nos. 16529/2009, 23631/2009, 25319/2009 and 28531/2009)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941** ## **WP(C).No.16529 OF 2009(I)** ## **- PETITIONER :** **K.GIRIJA DEVI, HEADMISTRESS, HIGH SCHOOL & VHSS, MANNADY, PATHANAMTHITTA DISTRICT.** **BY ADVS. SRI.C.S.AJITH PRAKASH SRI.PAUL C THOMAS SRI.T.D.SALIM** **- RESPONDENTS :** **1 STATE OF KERALA REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2 DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA. 3 THE MANAGER, HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADI, PATHANAMTHITTA DISTRICT. 4 SMT.G.CHANDRAMATHI AMMA HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADI, PATHANAMTHITTA DISTRICT.** **BY ADV. SRI.DEEPU LAL MOHAN BY SRI.S.GOPINATHAN, SR.GP. BY ADV. SRI.JOHN JOSEPH VETTIKAD BY ADV. SRI.C.JOSEPH JOHNY BY ADV. SRI.MURALI PURUSHOTHAMAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2019, ALONG WITH WP(C).23631/2009(Y), WP(C).25319/ 2009(H) AND WP(C).28531/2009(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 2 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941** ## **WP(C).No.23631 OF 2009** ## **- PETITIONER :** **G.CHANDRAMATHI AMMA, AGED 55 YEARS, W/O.K.N.SUKUMARA PILLAI, HEADMISTRESS (UNDER ORDERS OF STAY BY THE GOVERNMENT) HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADY, PATHANAMTHITTA.** **BY ADVS. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN** **- RESPONDENTS :** - **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.** - **2 THE DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA.** - **3 THE MANAGER HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADY, PATHANAMTHITTA.** - **4 SMT.K.GIRIJA DEVI HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADY, PATHANAMTHITTA.** **R1 & R2 BY SRI.S.GOPINATHAN, SR.GP. BY ADV. C.S.AJITH PRAKASH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2019 ALONG WITH WP(C).16529/2009(I), WP(C).25319/ 2009(H) AND WP(C).28531/2009(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941** ## **WP(C).No.25319 OF 2009** ## **PETITIONER :-** **G.CHANDRAMATHI AMMA, AGED 55 YEARS, W/O.K.N.SUKUMARA PILLAI, HEADMISTRESS (UNDER ORDERS OF REVERSION BY THE GOVERNMENT), HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADY, PATHANAMTHITTA.** **BY ADVS. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN** ## **RESPONDENTS :-** ||**1**|**THE STATE OF KERALA REPRESENTED BY ITS**| |---|---|---| |||**SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,**| |||**SECRETARIAT, TRIVANDRUM.**| ||**2**|**THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA.**| ||**3**|**THE MANAGER, HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY**| |||**SCHOOL MANNADY, PATHANAMTHITTA.**| ||**4**|**SMT.K.GIRIJA DEVI, HIGH SCHOOL & VOCATIONAL HIGHER**| |||**SECONDARY SCHOOL MANNADY, PATHANAMTHITTA.**| |**ADDL.**|**5**|**SRI.K.VASUDEVAN PILLAI,**| |||**VISHUPRIYA, KAMPALADY,**| |||**PORUVAZHI, KOLLAM DISTRICT.**| |||**IS IMPLEADED AS PER ORDER DT.15.10.2009 IN I.A.**| |||**No.11058/2009.**| |||**BY ADV. SRI.C.S.AJITH PRAKASH**| |||**BY ADV. SRI.JOHN JOSEPH VETTIKAD**| |||**BY ADV. SRI.PAUL C THOMAS**| |||**BY ADV. SMT.REKHA VASUDEVAN**| |||**BY ADV. SRI.T.D.SALIM**| |||**BY SRI.S.GOPINATHAN, SR.GP.**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2019, ALONG WITH WP(C).16529/2009(I), WP(C).23631/2009(Y) AND WP(C).28531/2009(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 4 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941** ## **WP(C).No.28531 OF 2009** ## **PETITIONER :-** **G.CHANDRAMATHI AMMA, AGED 55 YEARS, W/O.K.N.SUKUMARA PILLAI, HEADMISTRESS (UNDER ORDERS OF REVERSION BY THE GOVERNMENT), HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL, MANNADY, PATHANAMTHITTA.** **BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN** ## **RESPONDENTS :-** |**1**|**THE STATE OF KERALA REPRESENTED BY ITS**| |---|---| ||**SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM.**| |**2**|**THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA.**| |**3**|**THE MANAGER**| ||**HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL,**| ||**MANNADY, PATHANAMTHITTA.**| |**4**|**SMT.K.GIRIJA DEVI**| ||**HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL,**| ||**MANNADY, PATHANAMTHITTA.**| |**5**|**SRI.K.VASUDEVAN PILLAI**| ||**HIGH SCHOOL & VOCATIONAL HIGHER SECONDARY SCHOOL,**| ||**MANNADY, PATHANAMTHITTA.**| ||**R1 BY GOVERNMENT PLEADER**| ||**R1 BY ADV. SRI.C.S.AJITH PRAKASH**| ||**R1 BY ADV. SRI.JOHN JOSEPH VETTIKAD**| ||**R1 BY ADV. SRI.C.JOSEPH JOHNY**| ||**R1 BY ADV. SRI.PAUL C THOMAS**| ||**R1 BY ADV. SMT.REKHA VASUDEVAN**| ||**R1 BY ADV. SRI.T.D.SALIM**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2019, ALONG WITH WP(C).16529/2009(I), WP(C).23631/2009(Y) AND WP(C).25319/2009(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 5 :- ## **JUDGMENT** W.P.(C) No.16529/2009 is filed by a High School Assistant working in an Aided High School with Vocational Higher Secondary School attached, challenging Exts.P4 and P7 orders, by which, the 4[th] respondent Smt.G.Chandramathi Amma has been promoted as the Headmistress of the School. W.P.(C) No.23631/2009 is filed by the 4[th] respondent in the first writ petition, Smt.G. Chandramathi Amma challenging Ext.P8 order, by which, the Government had stayed the implementation of the order dated 30.5.2009 (Ext.P4 in W.P.(C) No.16529/2009). W.P. (C) No.25319/2009 is filed by Smt.G.Chandramathi Amma challenging Ext.P8 final order passed in revision by the Government, while W.P.(C) No.28531/ 2009 is filed by Smt.G.Chandramathi Amma challenging Ext.P6 order, by which, K.Girija Devi was appointed as Principal pursuant to the order passed by the Government in revision. 2. The issue which arises for consideration in these writ petitions is with regard to the counting of service of protected teachers pursuant to deployment. The petitioner in three of these writ petitions, Smt.G.Chandramathi Amma had entered WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 6 :- service on 1.8.1979. She was under orders of protection due to reduction in students strength and resultant abolition of teaching post for the period from 1.4.1988 to 24.9.1996. The contention of the petitioner is that the petitioner had been retained in the same school on protection on account of the fact that she was the sister of a serving Jawan. Smt.K.Girija Devi who was appointed on 6.6.1979 was also under protection from 1.4.1988 to 21.4.1993, while K.Vasudevan Pillai, the 5[th] respondent in two of the writ petitions filed by Smt.G.Chandramathi Amma, who entered service on 29.6.1979 was also under orders of protection from 1.4.1989 to 14.12.1994. 3. The only issue that requires consideration is whether in view of the provisions of Rule 37(1) of Chapter XIV A KER prior to the amendment effected on 23.7.2010, the petitioner is entitled to count the service rendered in the School on protection as service for the purpose of reckoning seniority for appointment to the post of Headmistress. It appears from the narration of facts in the writ petition that Smt.K.Girija Devi, who was appointed on 6.6.1979 and Sri.K.Vasudevan Pillai, who was appointed on 29.6.1979 had service seniority over the WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 7 :- petitioner, who was appointed on 1.8.1979. The question therefore is only with regard to the counting of the period spent on protection. As stated earlier, all three teachers had spent varying periods under protection. The contention of the petitioner is to the effect that since the period spent by her on protection was on retention in the same School, she would be entitled to seniority for the period on protection as well. Rule 37 of Chapter XIV A KER as it stood prior to the amendment on 23.7.2010 reads as follows :- “Seniority of a teacher in any grade in any unit shall be decided with reference to the date of first appointment in that grade in that unit, provided he is duly qualified for the post on that date.” 4. A Full Bench of this Court in **Abraham A.G. and others** v. **State of Kerala and others** [2009 (3) KLT 659] was called upon to consider the effect of service rendered as a protected teacher and the counting of the same towards seniority for appointment to the post of Headmistress in an Aided School. After an elaborate consideration of the Scheme of the Statute as well as the different Division Bench judgments on the point, the Full Bench came to the conclusion that Rule 37 provides that “seniority has to be decided with reference to WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 8 :- continuous service in that grade in that unit”. It was therefore found that broken service cannot be reckoned for the purpose of seniority. It was further held that if a teacher is deployed to a Government School on protection, such deployment will affect the seniority since seniority is to be reckoned with reference to the continuous qualified service in the concerned unit. It was held that service rendered as a protected teacher cannot be taken into consideration as service for the purpose of seniority in the parent school. The decisions of the Division Bench which held so were approved by the Full Bench. It was further held that a protected teacher is no more a staff of the parent school and the claim of such teacher is only to get re-appointment in the parent school, in case a vacancy arises under the preferential treatment recognised in Rule 51A of Chapter XIV A KER. It was held by the Full Bench that the moment of teacher is thrown out, he ceases to be in the service of the school and the only right protected is for a preference for re-appointment in the same post. 5. In the instant case, the claim of Smt.G.Chandramathi Amma for seniority over the other two claimants for appointment to the post of Headmistress would be a legitimate claim only if WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 9 :- the period spent by her on protection from 1.4.1988 to 24.9.1996 were to be treated as qualifying service for the purpose of seniority under Rule 37(1). The Full Bench, having considered the statutory position and come to a conclusion that the moment a teacher is thrown out on account of reduction of post, he ceases to be a member of the staff of the school and the only right protected is for re-appointment under Rule 51A, I fail to see how the period of protection, even if it is spent in the same school by concessional orders passed by the Government, would count for seniority for the purpose of Rule 37(1). The Full Bench had rendered a categoric finding that the protected teacher is not a member of the staff of the school and the claim of such teacher is only for re-appointment under Rule 51A. The retention of a teacher in the same school, even pursuant to orders of protection is only a concession granted to particular teachers on the basis of certain facts including that they are closely related to serving soldiers as in the case of Smt.G.Chandramathi Amma. In the above view of the matter, I am of the opinion that the decision of the Full Bench covers the issue with regard to the counting of the period of service rendered on protection. If that be so, it is the admitted case that WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 10 :- Smt.K.Girija Devi and on her retirement Sri.K.Vasudevan Pillai would be the senior claimants to the post of Headmaster. 6. It is submitted by the learned counsel for the petitioner that the decision of the Full Bench has been subsequently doubted by a Division Bench in a decision reported in **Thyagarajan P. K.** V. **Santhosh T. Alexander and others** [2012 (3) KLT 101]. However, on a reading of the Division Bench judgment, I find that the question discussed therein was as to the applicability of the amendment to Rule 37, Chapter XIV A, KER which was brought into effect on 23.7.2010. In the said case, the Division Bench considered a case where the vacancy of Headmaster arose on 1.4.2010. The Amendment was brought into effect on 23.7.2010 by which the protected service was also liable to be reckoned for deciding seniority. It is stated in the judgment that by the time, the appointment had been made, that is, on 7.12.2010, the Amendment had already taken effect and the period of service rendered on protection also would be liable to be considered for seniority. It was in the above circumstances that the Division Bench rendered a judgment directing the approval of appointment of the appellant as Headmaster with effect from 1.4.2010, taking note of the amended provisions. In WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 11 :- the instant case, the vacancy of Headmaster had arisen on 1.4.2009. The claim therefore has undoubtedly to be considered on the basis of Rule 37 Chapter XIV A KER as it stood prior to the amendment effected on 23.7.2010. If that be so, I am of the opinion that the issue stands squarely covered by the decision of the Full Bench in **Abraham A.G. and others's case** . In view of the fact that protected teacher has been held to have ceased to be a member of the staff of the school till the orders of protection are lifted and re-appointment is effected, I am of the opinion that Smt.G.Chandramathi Amma cannot succeed in the writ petitions filed by her. W.P.(C) Nos.23631/2009, 25319/2009 and 28531/2009 are therefore dismissed. W.P.(C) No.16529/2009 is allowed. **Sd/ANU SIVARAMAN JUDGE** Jvt/9.12.2019 WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 12 :- ## **APPENDIX OF WP(C) 16529/2009** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE ORDER NO.A1-MGR-APPNT.H DATED 01/04/2009 WITH RELEVANT ANNEXURES.** **EXHIBIT P2 A TRUE COPY OF THE OBJECTION PETITION DATED 14/05/2009.** **EXHIBIT P3 A TRUE COPY OF THE SENIORITY LIST OF TEACHERS AND NON TEACHING STAFF AS ON 01/01/2008.** **EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B2-2473/09 DATED 30/05/2009 OF DEO, KOTTARAKKARA.** - **EXHIBIT P5 TRUE COPY OF THE POSTAL COVER DATED 10/06/2009.** **EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 10/06/2009 FILED BEFORE THE GOVERNMENT.** **EXHIBIT P7 TRUE COPY OF THE ORDER NO.A1-MGR/HT/2009 DATED 10/06/2009.** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a)**[TRUE COPY OF THE OBJECTION OF THE 4TH RESPONDENT DATED ] 11/06/2008. **EXHIBIT R4(b)**[TRUE COPY OF THE SENIORITY LIST DATED 13/04/2009.] **EXHIBIT R4(c)**[TRUE COPY OF THE OBJECTION FILED BY 4TH RESPONDENT BEFORE ] THE MANAGER DATED 13/04/2009. - **EXHIBIT R4(d)**[TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT DATED] 12/04/2009. **EXHIBIT R4(e)**[TRUE COPY OF THE LETTER OF THE MANAGER DATED 14/04/2009.] - **EXHIBIT R4(f)**[TRUE COPY OF THE OBJECTION OF THE 4TH RESPONDENT DATED ] 07/04/2009. **EXHIBIT R4(g)**[TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC ] NO.12564/2009-M DATED 21/04/2009. **EXHIBIT R4(h)**[TRUE COPY OF THE HEARING NOTE DATED 14/05/2009.] **EXHIBIT R4(i)**[TRUE COPY OF THE ORDER OF APPOINTMENT DATED 11/06/2009.] **EXHIBIT R4(j)**[TRUE COPY OF THE DECLARATION OF THE MANAGER DATED ] 11/06/2009. **EXHIBIT R4(k)**[TRUE COPY OF THE DECLARATION OF THE MANAGER DATED ] WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 13 :- 11/06/2009. **EXHIBIT R4(l)**[TRUE COPY OF THE DECLARATION OF 4TH RESPONDENT DATED ] 11/06/2009. **EXHIBIT R4(m)**[TRUE COPY OF THE ORDER NO.A1/MGR/HT/2009 OF THE MANAGER ] DATED 10/06/2009. **EXHIBIT R4(n)**[TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED ] 12/06/2009. **EXHIBIT R4(o)**[TRUE COPY OF THE NOTICE DATED 11/06/2009.] **EXHIBIT R4(p)**[TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED ] 12/06/2009. **EXHIBIT R4(q)**[TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED ] 15/06/2009. **EXHIBIT R4(r)**[TRUE COPY OF THE NOTICE OF THE 4TH RESPONDENT DATED ] 15/06/2009. **EXHIBIT R4(s)**[TRUE COPY OF THE EXTRACT OF THE ATTENDANCE REGISTER.] **EXHIBIT R4(t)**[TRUE COPY OF THE APPLICATION FORM DATED 15/06/2009.] ## **APPENDIX OF WP(C) 23631/2009** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)No.12707/2005-K. EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN 12564/2009-M. EXHIBIT P3 TRUE COPY OF THE ORDER No.B2/2473/09 OF THE DISTRICT EDUCATIONAL OFFICER. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE MANAGER. EXHIBIT P5 TRUE COPY OF THE ORDER OF APPOINTMENT. EXHIBIT P6 TRUE COPY OF THE ORDER IN W.P.(C)No.16529/2009-I OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE REVISION FILED BY THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER OF THE GOVERNMENT. EXHIBIT P9 TRUE COPY OF THE ARGUMENT NOTES.** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 14 :- ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OF THE GOVERNMENT LETTER No.36511/A3/ 2009/G.Edn DATED 10.8.2009.** **EXHIBIT R4(b) TRUE COPY OF THE LETTER No.36511/A3/2009/G.Edn DTD.16-7-2009.** **EXHIBIT R4(c) TRUE COPY OF THE LETTER No.A1.MGRSL34/2009 DATED 17.8.2009.** **EXHIBIT R4(d) TRUE COPY OF THE STATEMENT BEFORE THE C.I. OF POLICE ON 20.8.2009.** **EXHIBIT R4(e) TRUE COPY OF THE REPLY LETTER DATED 6.8.2009.** **EXHIBIT R4(f) TRUE COPY OF THE G.O.(Ms)No.67/2008/G.Edn. DATED 3.4.2008.** **EXHIBIT R4(g) TRUE COPY OF THE G.O(Rt)No.3502/2009/GEdn DATED 17.8.2009.** ## **APPENDIX OF WP(C) 25319/2009** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)No.12707/2005-K.** **EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN 12564/2009-M.** **EXHIBIT P3 TRUE COPY OF THE ORDER No.B2/2473/09 OF THE DISTRICT EDUCATIONAL OFFICER.** - **EXHIBIT P4 TRUE COPY OF THE ORDER OF THE MANAGER.** **EXHIBIT P5 TRUE COPY OF THE ORDER OF APPOINTMENT.** **EXHIBIT P6 TRUE COPY OF THE ORDER IN W.P.(C)No.16529/2009-I OF THIS HON'BLE COURT.** **EXHIBIT P7 TRUE COPY OF THE REVISION FILED BY THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER OF THE GOVERNMENT.** **EXHIBIT P9 TRUE COPY OF THE G.O.(Ms.)No.231/1984/G.Edn. OF THE GOVERNMENT.** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 15 :- ## **EXHIBIT P10 TRUE COPY OF THE ARGUMENT NOTES.** **EXHIBIT P11 TRUE COPY OF THE G.O.(Ms.)No.61/2008/G.Edn. OF THE GOVERNMENT.** **EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF THE MANAGER.** **EXHIBIT P13 TRUE COPY OF THE STAFF FIXATION ORDER 1992-93. EXHIBIT P14 TRUE COPY OF THE STAFF FIXATION ORDER 1994-95.** - **EXHIBIT P15 TRUE COPY OF THE G.O.(Ms.)No.155/88/G.Edn. OF THE GOVERNMENT.** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OC THE INTERIM ORDER DATED 7.7.2009 IN W.P.(C)No.16529/2009.** - **EXHIBIT R4(b) TRUE COPY OF THE GOVERNMENT LETTER No.36511/A3/ 2009/G.Edn DATED 10.8.2009.** - **EXHIBIT R4(c) TRUE COPY OF THE LETTER WITH ENDORSEMENT No.B23795/2009 DATED 17.8.2009.** - **EXHIBIT R4(d) TRUE COPY OF THE LETTER No.A1.MGRSL34/2009 DATED 17.8.2009 OF THE MANAGER KRKPM BHS/VHSS, KADAMPANADU.** - **EXHIBIT R4(e) TRUE COPY OF THE STATEMENT BEFORE THE C.I. OF POLICE ON 20.8.2009.** - **EXHIBIT R4(f) TRUE COPY OF THE REPLY LETTER DATED 6.8.2009 RECEIVED FROM THE PRINCIPAL, KRKPM BHS/VHSS, KADAMPANADU.** - **EXHIBIT R4(g) TRUE COPY OF THE ORDER No.D.Dis.B6-11026/87 DATED 30.7.1987 OF THE DEO, KOTTARAKKARA.** - **EXHIBIT R4(h) TRUE COPY OF THE ORDER No.D.Dis.B6-9409/96 DATED 24.9.96 OF THE DEO, KOTTARAKKARA.** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 16 :- **EXHIBIT R4(i) TRUE COPY OF THE G.O.(Ms)No.67/2008/G.Edn. DATED 3.4.2008.** **EXHIBIT R4(j) TRUE COPY OF THE G.O(Rt)No.3502/2009/GEdn DATED 17.8.2009.** **EXHIBIT R3(A) TRUE COPY OF G.O.(Ms)No.67/2008/Gen DATED 3-42008.** **EXHIBIT R5(a) TRUE COPY OF THE ORDER No.D.Dis.B6-11026/87 DATED 30.7.1987 OF THE 2ND RESPONDENT.** **EXHIBIT R5(b) TRUE COPY OF THE ORDER No.D.Dis.9409/96/B1 DATED 24.9.96 OF THE 2ND RESPONDENT.** **EXHIBIT R5(c) TRUE COPY OF THE G.O.(Rt)No.5639/08/G.Edn DATED 24.12.2008.** ## **APPENDIX OF WP(C) 28531/2009** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ORDER No.B2/2473/09 OF THE DISTRICT EDUCATIONAL OFFICER.** **EXHIBIT P2 TRUE COPY OF THE ORDER OF THE MANAGER.** **EXHIBIT P3 TRUE COPY OF THE ORDER OF APPOINTMENT.** **EXHIBIT P4 TRUE COPY OF THE ORDER IN W.P.(C)No.16529/2009I OF THIS HON'BLE COURT.** **EXHIBIT P5 TRUE COPY OF THE ORDER OF THE GOVERNMENT.** **EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL ORDER.** WP(C).Nos.16529, 23631, 25319 & 28531 OF 2009(I) -: 17 :- **EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF HIS HON'BLE COURT IN W.A.No.33/2008.** ## **RESPONDENT'S EXHIBITS: NIL** //TRUE COPY// P.A. TO JUDGE