Manju S vs State Of Kerala
2021 Latest Caselaw 5692 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                     WP(C).No.2272 OF 2021(H)

PETITIONERS:
       1     MANJU S
             AGED 37 YEARS
             HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, R/AT
             PALAZHY, NHARAKKALA, PLAMOOTTUKADA P.O,
             THIRUVANANTHAPURAM-695 122

      2      SMITHA M.S,
             UPST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, R/AT
             ANUSREE, KALUNKIL, KANNARAVILA, NELLIMOODU P.O,
             THIRUVANANTHAPURAM-695 524

      3      SHALINI S.K,
             UPST NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, AKSHAYA
             KOCHOTTUKONAM, MARIYAPURAM P.O, THIRUVANANTHAPURAM,
             PIN-695 122

             BY ADVS.
             SHRI.SURESH KUMAR KODOTH
             SRI.K.P.ANTONY BINU

RESPONDENTS:
       1     STATE OF KERALA,REP BY SECRETARY
             GENERAL EDUCATION DEPARTMENT,
             THIRUVANANTHAPURAM-695 001

      2      DIRECTOR OF GENERAL EDUCATION,
             THIRUVANANTHAPURAM-695 001

      3      DEPUTY DIRECTOR OF EDUCATION,
             THIRUVANANTHAPURAM-695 036.

      4      DISTRICT EDUCATIONAL OFFICER,
             NEYYATTINKARA, THIRUVANANTHAPURAM, 695 121.

      5      MANAGER,
             NEW HIGHER SECONDARY SCHOOL, NELLIMOODU,
             THIRUVANANTHAPURAM-695 524

OTHER PRESENT:
             T RAJASEKKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2272 OF 2021(H)

                                  2

                           JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following reliefs:-

"I) Issue a writ of Certiorari or any other appropriate writ, to call for records and quash Ext.P14 order passed by Government disallowing petitioners claim for approval from date of appointments,declaring it to be illegal.

II) Issue a writ of mandamus or any other appropriate writ, directing the respondents 1 to 4 to grant approval of appointment of petitioners made as per Exts.P1 to P3, with effect from the date of appointment, in modification of the date of approval granted with effect from 01.06.2011, within a time limit and grant consequential benefits.

III) Declare that the petitioners are entitled to have their appointment approved, with effect from the date of admitting to duty, as per Exts.P1 to P3 appointment orders, in modification of the approval granted with effect from 01.01.2011.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted that the petitioners were appointed

against the additional division vacancies, which arose in the

5th respondent school in the academic year 2008-09. It is

submitted that their appointments have been approved only WP(C).No.2272 OF 2021(H)

from 01.06.2011 on the ground that the Manager has not

executed a bond. It is submitted by the learned counsel for

the petitioners that in several identical cases, this Court had

specifically directed the approval of appointments in

sanctioned vacancies during the ban period deeming that

the Managers have executed bonds. However, in Ext.P14

Government Order also, the appointment of the petitioners

which is found to be otherwise liable to be approved is

refused to be approved till 01.06.2011 on the sole

contentions that the Manager has not executed a bond.

4. Having heard the learned Government Pleader

also, I am of the opinion that since in several cases this

Court has specifically directed the approval of appointments

of teachers appointed during the ban period by deeming

that the Managers have executed the bonds. The petitioners

appointments, which are otherwise in order as is evident

from Ext.P14 are also liable to be approved.

5. In the above view of the matter, there will be a WP(C).No.2272 OF 2021(H)

direction to the 4th respondent to approve the appointments

of the petitioners, which are found in Ext.P14 to have been

made against sanctioned vacancies by deeming that the

Manager has executed a bond as provided in G.O.(P)

No.10/10 G.Edn. Dated 12.01.2010. In case the Manager has

approached the Apex Court, the deeming shall be subjected

to the orders to be passed by the Apex Court. Appropriate

orders shall be passed by the 4 th respondent within a period

of one month from the date of receipt of a copy of this

judgment. Monetary benefits, if any, found due shall be

released to the petitioners within a period of three months

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/17.02.2021 WP(C).No.2272 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2009 OF FIRST PETITIONER.

EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER DATED 03.06.2009 OF SECOND PETITIONER.

EXHIBIT P3 TRUE COPY OF APPOINTMENT ORDER DATED 09.06.2000 OF THIRD PETITIONER.

EXHIBIT P4 TRUE COPY OF ORDER DATED 23.01.2010 ISSUED BY THE 4TH RESPONDENT , REJECTING APPROVAL OF 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF ORDER DATED 28.1.2010 REJECTING APPROVAL IN THE CASE OF SECOND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE G.O(P) NO. 10/10 G.EDN. DATED 12.01.2010.

EXHIBIT P7 TRUE COPY OF G.O(P) NO.199/2011 G.EDN DATED 01.10.2011.

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 2.3.2014 BEFORE THE CHIEF MINISTER/GOVERNMENT.

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 22.11.2015 SUBMITTED BEFORE THE FIRST RESPONDENT.

EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 10.03.2020 SUBMITTED BY 1ST PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 12.3.2020 SUBMITTED BY THE SECOND PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 10.03.2020 SUBMITTED BY 3RD PETITIONER BEFORE THE GOVERNMENT.

WP(C).No.2272 OF 2021(H)

EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 09.07.2020 IN W.P.(C)NO. 13216/2020

EXHIBIT P14 TRUE COPY OF ORDER DATED 23.12.2020 ISSUED BY THE GOVERNMENT.