Sreeja K.V vs State Of Kerala
2021 Latest Caselaw 3704 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        WP(C).No.2580 OF 2021(V)


PETITIONER:

                SREEJA K.V.
                AGED 44 YEARS
                UPSA, POOMANGALAM UP SCHOOL, POOMANGALAM, KANNUR
                DISTRICT-670 861

                BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENT/S:

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

      2         DIRECTOR OF GENERAL EDUCATION ,
                OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
                THIRUVANANTHAPURAM-695 014

      3         DEPUTY DIRECTOR OF EDUCATION,
                OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-
                670 001

      4         ASSISTANT EDUCATIONAL OFFICER,
                TALIPARAMBA NORTH, KANNUR DISTRICT-670 141

      5         MANAGER,
                POOMANGALAM UP SCHOOL, POOMANGALAM, KANNUR DISTRICT-
                670 861



                GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2580 OF 2021
                                     2




                               JUDGMENT

Dated this the 2nd day of February 2021

This writ petition is filed seeking the following reliefs :-

(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1 st respondent to consider and pass final orders on Exts.P7 revision petition as expeditiously as possible with deeming provision.

(ii) To issue a writ of certiorari to quash Ext. P2 and to the extent of denial in Ext. P1 appointment order as it is illegal and unjustifiable.

(iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4 th respondent to approve the appointment of the petitioner as UPSA from 01.06.2010 to 31.05.2011 and to disburse all consequential monitory benefits due to them forthwith.

(iv) To declare that the petitioner is entitled to get approval to post of UPSA in the light of Ext. P5 judgment.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner was initially

appointed as UPSA in Poomangalam UP School on 1.6.2010 in the WP(C).No.2580 OF 2021

5th respondent's school and the appointment was rejected by the

AEO stating that there is no sanction post vacant in the school to

accommodate the petitioner and the Manager has not fulfilled the

condition laid down in G.O(P) No.10/10/G.Edn. dated 12.1.2010.

However, her appointment was approved with effect from

01.06.2011 onwards under Teacher's Package. It is submitted

by the learned counsel for the petitioner that Ext.P7 revision

petition has been submitted by the petitioner before the

Government seeking approval of her initial appointment from

01.06.2010 to 31.05.2011. It is submitted that the only reason

for non-approval of the same is that the Manager had not

submitted a bond in terms of G.O(P).No.10/10/G.Edn. dated

12.1.2010.

4. The learned Government Pleader submits that all

appointments in additional division vacancies are liable to be

apportioned in the ratio 1:1 and if the appointment of protected

teacher is not made as provided in G.O(P) 10/10/G.Edn. dated

12.1.2010, then the Manager should at least have submitted a

bond stating that such appointments would be made in WP(C).No.2580 OF 2021

accordance with the provisions of the Government Order. It is

also not known whether the instant case is one where the

Manager has challenged the G.O(P) 10/10/G.Edn. dated

12.1.2010 and whether the issue is pending before the Apex

Court.

5. Having considered the contentions advanced, I am of

the opinion that Ext.P7 revision petition preferred by the

petitioner is liable to be considered by the 1 st respondent, in

accordance with law. In the light of the binding judgments of the

Single Bench of this Court, the question of approval shall be

considered deeming that the Manager has executed the bond as

required under G.O(P) 10/10/G.Edn. dated 12.1.2010. Even in

case the Manager has approached the Apex Court with a

challenge to the Government Order, I am of the opinion that the

deeming is liable to be taken into account and such deeming will

be subject to the orders to be passed by the Supreme Court in

the pending matters.

6. In the above view of the matter, there will be a

direction to the respondents to consider Ext.P7 revision petition, WP(C).No.2580 OF 2021

after hearing the petitioner as well as the Manager within a

period of three months from the date of receipt of a copy of this

judgment. It is made clear that the hearing can be conducted by

any appropriate means, including through video conferencing. In

case the petitioner is found eligible for approval with effect from

the initial date of appointment, the monetary benefits shall also

be disbursed within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.2580 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 ISSUED BY 5TH RESPONDENT

EXHIBIT P2 TRUE COPY ORDER NO.K.DIS.C/1844/10 DATED 09.02.2011 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO.RA(3)/83717/11 DATED 22.08.2012 FOR THE YEAR 2010-11 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26.7.2017 IN WA NO.2592/2015 PASSED BY THIS HON'BLE COURT

EXHIBIT P6 TRUE COPY OF THE G.O(RT) NO.4998/2019/G.EDN DATED 21.11.2019 ISSUED BY THE RESPONDENT

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 23.01.2021 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE CIRCULAR BEARING NO.100/J2/2017/G.EDN DATED 11.9.2018 THUS ISSUED BY THE 1ST RESPONDENT