Liji .K vs State Of Kerala
2021 Latest Caselaw 10956 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                      WP(C).No.14360 OF 2020(T)


PETITIONER:

               LIJI .K, UPST, PUTHUR PALLIKKAL AMUP SCHOOL,
               PUTHUR PALLIKKAL, MALAPPURAM-673 636.

               BY ADVS.
               SRI.AUGUSTINE JOSEPH
               SRI.K.S.ROCKEY
               SRI.TONY AUGUSTINE
               SRI.GEORGE RENOY


RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        ASSISTANT EDUCATIONAL OFFICER,
               KONDOTTY, MALAPPURAM-673 638.

      3        THE MANAGER, PUTHUR PALLIKKAL AMUP SCHOOL,
               PUTHUR PALLIKKAL, MALAPPURAM-673 636.

               SRI.P.M.MANOJ-SR.GP.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 14360/20
                                           2


                                    JUDGMENT

The petitioner, who is stated to be

working as an Upper Primary School Teacher

(UPST) in the 'Puthur Pallikkal AMUP School',

Malappuram, has approached this Court

impugning Ext.P3, as per which, her request

for approval of appointment from 01.06.2010

has been rejected; but affirming the same with

effect from 01.06.2011, by including her in

the 'Teachers' Package'.

2. The petitioner says that the sole

reason why her appointment has not been

granted approval from the initial date is

because there was a ban of appointments

ordered by the Government at that time; but

that this has been subsequently vacated

through GO(P)No.10/10/G.Edn, dated 12.01.2010,

thus making her eligible to be granted all

benefits from the date of her initial

engagement. She says that, in fact, this WPC 14360/20

aspect does not require further adjudication

by this Court because, the Government

themselves have conceded, in the order dated

06.02.2021, that the benefit of approval from

the date of initial appointment can be given

to teachers like her, subject to the decision

to be taken by the Honourable Supreme Court in

the pending Special Leave Petitions against

Ext.P4 judgment. She, therefore, prays that

Ext.P3 be set aside and the competent

Authority be directed to reconsider her case

in the light of Ext.P5 Government Order.

3. The submissions of Sri.Augustine

Joseph - learned counsel for the petitioner,

were answered by the learned Senior Government

Pleader - Sri.P.M.Manoj, by saying that since,

pending this lis, Ext.P5 Government Order has

been issued, her case can be reconsidered on

its terms, however, on condition that any

approval to be granted to her will be subject WPC 14360/20

to the final decision of the Honourable

Supreme Court in the pending SLPs. He,

therefore, prayed that this Writ Petition be

ordered only on such terms.

4. When I consider the afore submissions,

it is without doubt that at the time when this

Writ Petition was filed, the Government had

not taken a decision as to the manner in which

approvals are to be granted to teachers like

the petitioner; though this Court had, through

Ext.P4 judgment, directed the educational

Authorities to deem that the Managers of

various schools had executed a bond in terms

of the aforementioned Government Order dated

12.01.2010.

5. However, the Government appears to

have subsequently acceded to this issue, by

issuing Ext.P5 Government Order dated

06.02.2021; and I am, therefore, of the firm

view that the petitioner's case must also be WPC 14360/20

considered in its light.

In the afore circumstances, I order this

writ petition and set aside Ext.P3; with a

consequential direction to the Government to

reconsider the proposal for approval of

petitioner's appointment, with effect from

01.06.2010, adverting to Ext.P5 Government

Order and after affording her, as also the

Manager of the school, an opportunity of being

heard - either physically or through video

conferencing - thus culminating in an

appropriate order thereon as expeditiously as

is possible, but not later than three months

from the date of receipt of a copy of this

judgment.

Sd/-

                                        DEVAN RAMACHANDRAN
      RR                                          JUDGE
 WPC 14360/20



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE APPOINTMENT ORDER
                        DATED 01.06.2010.

      EXHIBIT P2        TRUE COPY OF THE ORDER OF THE

ADDITIONAL DIRECTOR OF GENERAL EDUCATION DATED 28.03.2015.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16.03.2016 FROM THE 1ST RESPONDENT DATED 16.03.2016.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WA NO.2290/2015 DATED 25.07.2017.

EXHIBIT P5 TRUE COPY OF THE ORDER IN GO(P)NO.4/2021/G.EDN DATED 06.02.2021.