Kerala High Court
N.K.Suresh Babu vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.24081 OF 2016(I)
PETITIONER:
N.K.SURESH BABU, HIGH SCHOOL ASSISTANT (MALAYALAM,
C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL,
OZHUR, VELLACHAL P.O., MALAPPURAM DISTRICT).
SRI.M.R.ANISON
SMT.K.P.GEETHA MANI
SMT.P.A.RINUSA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM-695 001.
3 THE DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM-676 505.
4 THE DISTRICT EDUCATIONAL OFFICER
TIRURANGADI-673 306.
5 THE MANAGER
C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL,
OZHUR, VELLACHAL P.O., MALAPPURAM DISTRICT-676 106.
SMT.V.BHARGAVI PANANGAD
SR.G.P. - P.M. MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24081 OF 2016(I)
2
JUDGMENT
Dated this the 8th day of February 2021
The petitioner says that he was appointed in a regular
vacancy of High School Assistant in Malayalam in the services
of the "C.P.Pocker Haji Memorial Higher Secondary School" -
managed by the fifth respondent - with effect from
02.06.1997.
2. The petitioner says that his approval from the afore
date was declined by the competent Educational Authorities
solely for the reason that the Manager of the school had not
produced its Fitness Certificate and saying that, therefore, he
can only be accommodated against a vacancy that arose on
11.06.1997, consequent to the arising of a resignation
vacancy.
3. The petitioner says that the orders impugned in this
writ petition, namely Exts.P2 to P5, are illegal since, going by
the provisions of Rule 12 of Chapter XXIII of the Kerala
Education Rules (KER), the staff fixation order of every school
will be in force from 15th July of an academic year to the 15 th
of July of next year and that the fitness certificate will also be
in force until that date. The petitioner asserts that,
admittedly, the Manager had produced Fitness Certificate for
WP(C).No.24081 OF 2016(I)
all the academic years from 1996 till 1998 and therefore that
the rejection of his appointment from 02.06.1997 to
11.07.1997, for the reason that the certificate for the said
year have been produced only on 15.07.1997, is contrary to
law. The petitioner, therefore, prays that his spell of service
from 02.06.1997 till 11.06.1997 be also be directed to be
approved.
4. In response, the learned Senior Government Pleader,
Sri.P.M.Manoj submitted that, as is evident from the
impugned orders, the petitioner was originally appointed to
an additional division vacancy, but which could have been
approved only had the Manager produced the Fitness
Certificate for the school in question, since such additional
division would obtain justification only on the basis of
infrastructure available. The learned Senior Government
Pleader submitted that, therefore, since it is conceded that
the Manager produced the fitness certificate only on
15.07.1997, the petitioner could have been appointed only
thereafter, but that since, in the meanwhile, a resignation
vacancy arose on 11.06.1997, he has been accommodated
against the same. He, therefore, prayed that this writ petition
be dismissed.
WP(C).No.24081 OF 2016(I)
5. When I consider the afore submissions, it is evident
that the only dispute in this case is with respect to the
approval of the petitioner's appointment during the period
from 02.06.1997 till 10.06.1997. This is because, his
appointment from 11.06.1997 has already been approved.
The singular reason stated by the Educational Authorities in
not granting the approval for the aforementioned period is
because the Manager had not produced the Fitness
Certificate for the School until 15.07.1996. However, going
by the provisions of Rule 12 of Chapter XXIII of the KER, it is
evident that the staff fixation order of a school would take
effect from 15th July of a year and will continue until the 15 th
July of the next year. Obviously, therefore, the Fitness
Certificate would also require to be produced within that time
frame and since it is conceded that the Manager had
produced the fitness certificate for the relevant year on
15.07.1997, I fail to understand how the Authorities could
maintain that the petitioner's approval for the period from
02.06.1997 till 10.06.1997 cannot be granted.
6. This is more so because, going by the Fitness
Certificate produced by the Manager, the additional division
vacancies have been found to be justified and there was no
WP(C).No.24081 OF 2016(I)
reduction thereafter. Therefore, merely because the
petitioner had been accommodated against resignation
vacancy on 11.06.1997, it would not have been sufficient for
the Authorities to say that he can be granted accommodation
only from that date and not from 02.06.1997, when he had
been appointed.
In the afore circumstances, I allow this writ petition and
set aside the impugned orders to the extent to which the
petitioner's approval from 02.06.1997 to 10.06.1997 has been
declined; and I consequentially direct the fourth respondent -
DEO to reconsider the petitioner's proposal for approval for
this period and to issue appropriate orders thereon, adverting
to my observations above, which exercise shall be completed
as expeditiously as is possible, but not later than two months
from the date of receipt of a copy of this judgment.
Needless to say, after the afore exercise is completed,
the petitioner shall also be granted benefits for the said
period in terms of the provisions of the KER without any
avoidable delay thereafter.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.24081 OF 2016(I)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE APPOINTMENT ORDER.
EXHIBIT P2 COPY OF THE ORDER DATED 10.11.1997 ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P3 COPY OF THE ORDER DATED 29.4.2009 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P4 COPY OF THE ORDER DATED 28.9.2013 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P5 COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED 27.4.2015.
