Hareendran Alakandy vs State Of Kerala
2021 Latest Caselaw 4263 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.3018 OF 2021(B)


PETITIONER:

               HAREENDRAN ALAKANDY,
               AGED 45 YEARS
               U.P.S.A., KOOTHUPARAMBA HIGH SCHOOL,
               KOOTHUPARAMBA, KANNUR-670701.

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF THE GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR-670002.

      4        DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
               THALASSERY, KANNUR DISTRICT-670101.

      5        MANAGER,
               KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA,
               KANNUR DISTRICT-670643.

               SR GP. T.RAJASEKHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3018 OF 2021

                                           2



                                  JUDGMENT

Dated this the 5th 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 Ext.P6 revision petition dated 02/11/2020 as expeditiously as possible with deeming provision.

ii) To issue a writ of certiorari to set aside denial of approval in Ext.P1 as it is illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to approve the appointment of the petitioner as UPSA from 03/06/2008 to 31/5/2011, and to disburse all consequential monetary benefits due to him forthwith.

iv) To declare that the petitioner is entitled to get approval to his respective post 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 appointed as UPSA

on 03.06.2008 in the 5th respondent's school and the appointment was

rejected by the DEO stating that there was no sanctioned post vacant

in the school due to the restriction imposed by the Government on WP(C).No.3018 OF 2021

creation of additional posts and that the manager has not executed

bond in terms of the G.O.(P) No.10/10/G.Edn. dated 12.01.2010.

However, the petitioner's appointment was approved with effect from

01.06.2011 onwards in the Teacher's Package. It is submitted by the

learned counsel for the petitioner that pursuant to the subsequent

orders issued by the Government, Ext.P6 revision petition has been

submitted by the petitioner before the Government seeking approval

of his initial appointment from 03.06.2008 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 12.01.2010.

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).No.10/10/G.Edn. dated

12.01.2010, then the Manager should at least have submitted a bond

stating that such appointments would be made in 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) WP(C).No.3018 OF 2021

10/10/G.Edn. dated 12.01.2010 and whether the issue is pending

before the Apex Court.

5. Having considered the contentions advanced, I am of the

opinion that Ext.P6 revision petition preferred by the petitioner is

liable to be considered by the 1st respondent, in accordance with law.

In the light of the binding judgments of the Division 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 12.01.2010. 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 of execution of bond is liable to be taken into

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

the pending matters.

In the above view of the matter, there will be a direction to the

respondents to consider Ext.P6 revision petition, 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 WP(C).No.3018 OF 2021

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 NP WP(C).No.3018 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/06/2008 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER K.DIS/B6/5512/08 DATED 07/07/2008 ISSUED BY THE 4TH RESPONDENT ALONG WITH TYPED COPY.

EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.

B6/6525/08/D.DIS. DATED 05/02/2009, FOR THE YEAR 2008-2009 PASSED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.

60930/J2/G.EDN. DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26/07/2017 IN WA NO. 2592/2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 02/11/2020 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO. B6-

4954/19/K.DIS DATED 22/02/2020 ISSUED BY THE 4TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL