District Educational Officer vs District Educational Officer
2021 Latest Caselaw 3969 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
                                 &
              THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                        WA.No.1975 OF 2018

  AGAINST THE JUDGMENT DATED 08-01-2018 IN WP(C) 4089/2017(I) OF
                       HIGH COURT OF KERALA

APPELLANTS/RESPONDENTS 1 TO 3:

      1      DISTRICT EDUCATIONAL OFFICER, THRISSUR-680001

      2      DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680001.

      3      THE STATE OF KERALA,
             REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.

             BY GOVERNMENT PLEADER

RESPONDENTS/PETITIONER & 4TH RESPONDENT:

      1      SMITHA K.B
             H.S.A,PHYSICAL SCIENCE,
             VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL, THRISSUR

      2      BINDU T,
             H.S.A, MALAYALAM,
             VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL, THRISSUR.

      3      SUJA VARMA G,
             U.P.S.A.,
             VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL, THRISSUR.

      4      GIRISHKUMAR C.S,
             PHYSICAL EDUCATION TEACHER,
             VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL, THRISSUR.

      5      MANAGER,
             VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL,
             THRISSUR-680001.

OTHER PRESENT:
             SMT. RAJI, T. BHASKAR-G.P.

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1975/2018                    -2-


                          JUDGMENT

DATED THIS THE 3rd DAY OF FEBRUARY, 2021

Shaffique, J:

This writ appeal is filed against judgment dated 08-01-2018 in

W.P (C) No.4089/2017. By the impugned judgment, the learned

Single Judge having set aside Ext.P13 order, directed the respondents

to approve the appointment of the petitioners with effect from 01-06-

2009. The main contention urged by learned Government Pleader is

based on Government Order, G.O (P) No.10/10/G. Edn dated 12-01-

2010. As per the Government Order, the Manager has to execute a

bond that protected teachers will be appointed before making any

fresh appointments. The learned Single Judge observed that the

teachers cannot be put to hardship mainly on account of the fact that

the Manager has not executed a bond. It shall be deemed that the

Manager has duly executed the bond. Having regard to the fact that

it shall be deemed that the Manager had executed the bond, there is

no reason to interfere with the said judgment. Even if the bond has

not been executed, the Manager is bound to comply with the terms in

the bond in accordance with law.

Writ appeal is disposed of accordingly.

(Sd/-) A.M. SHAFFIQUE, JUDGE.

(Sd/-) GOPINATH P., JUDGE.

AMG