Ajithanath G vs The State Of Kerala
2021 Latest Caselaw 1016 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                       WP(C).No.28912 OF 2020(L)

PETITIONERS:
      1        AJITHANATH G.,
               AGED 40 YEARS
               WIFE OF ADV. S MADHU,
               HIGH SCHOOL ASSISTANT (NATURAL SCIENCE),
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541.

      2        ROSHINI K R
               HIGH SCHOOL ASSISTANT (MALAYALAM),
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541.

      3        DALI N K
               HIGH SCHOOL ASSISTANT (NATURAL SCIENCE),
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541

      4        SREENI S
               HIGH SCHOOL ASSISTANT (ENGLISH),
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541

      5        RAGI C
               UPPER PRIMARY SCHOOL ASSISTANT,
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541

      6        SREEJAMOL V P
               UPPER PRIMARY SCHOOL ASSISTANT,
               JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
               ERNAKULAM DISTRICT-683541

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
               THIRUVANANTHAPURAM-695001.
 WP(C).No.28912 OF 2020

                                   2

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

       3      THE DEPUTY DIRECTOR OF EDUCATION
              ERNAKULAM AT KAKKANAD-682030.

       4      THE DISTRICT EDUCATIONAL OFFICER
              KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.

       5      THE MANAGER
              JAYAKERALAM HIGHER SECONDARY SCHOOL,
              PULLUVAZHY, ERNAKULAM DISTRICT-683541

       6      THE PRINCIPAL
              JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY,
              ERNAKULAM DISTRICT-683541

              SR.GP - NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28912 OF 2020

                                          3




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibits P-2, P-5, P-8 and P-12 (a) and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) call for the records relating to Exhibits P-14, P-15, P-16 and P-17 and set aside the originals of the same to the extent it fails to approve the appointments of the Petitioners with effect from the initial dates by the issue of a writ of certiorari or other appropriate writ or order.

iii) call for the records relating to Exhibit P-22 and set aside the original of the same as far as the Petitioners are concerned by the issue of a writ of certiorari or other appropriate writ or order.

iv) declare that the Petitioners are entitled to get approval of appointment with effect from the initial dates of appointment.

v) issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents to approve the appointments of the Petitioners with effect from the initial date of appointments."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that the

petitioners' appointment with effect from the initial date of their WP(C).No.28912 OF 2020

appointments is not approved only on the ground that the Manager

has not executed a bond in terms of the G.O.(P).No.10/10/G.Edn. dated

12.01.2010. Ext.P22 order of the Government raises no other ground

for refusing to approve the appointment from the date of initial

appointment till 31.05.2011. The learned counsel for the petitioners

submits that the question stands settled by several judgments of this

Court and that the bonds are deemed to have been executed by the

Managers and the appointments have been directed to be approved.

4. Though the learned Government Pleader submits that the issue

should be sent back to the Government for a reconsideration, in view

of the fact that the only ground stated in Ext.P22 is that the Manager

has not executed a bond in terms of G.O.(P).No.10/10/G.Edn., I am of

the opinion that the appointments of the petitioners are liable to be

approved deeming that the Manager has executed a bond. Even in case

the Manager has challenged the Government Order before the Apex

Court, the deeming provision can be operated subject to the orders to

be passed in the SLPs, if any, filed by the Managers.

5. In the result, the writ petition is allowed. The respondents shall

pass orders approving the appointments of the petitioners deeming WP(C).No.28912 OF 2020

that the bond has been executed by the Manager within a period of

two months from the date of receipt of a copy of this judgment. The

attendant benefits, if any, shall be calculated and disbursed to the

petitioners within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.28912 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 05.06.2006.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE DEO VIDE ORDER NO.B1-3721/06/K.Dis DATED 17.02.2007.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 02.06.2008 AND APPROVAL THEREON.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 05.06.2006.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE DEO VIDE ORDER NO. B-1-3723/2006/K/DIS DATED 17.02.2007.

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 ALONG WITH APPROVAL THEREON (2ND PETITIONER)

EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2007.

EXHIBIT P8 TRUE COPY OF THE ORDER NO B1/3428/07/L.Dis DATED 25.01.2008 OF THE DEO.

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 02.06.2008 ALONG WITH THE APPROVAL THEREON.

EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2009 AND APPROVAL THEREON.

EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 02.06.2008.

EXHIBIT P12 TRUE COPY OF THE ORDER NO.

B1/3515/2008/K.Dis DATED 26.08.2008 OF THE DEO ALONG WITH TYPED COPY OF THE ORDER.

WP(C).No.28912 OF 2020

EXHIBIT P13 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 OF THE 4TH PETITIONER AND APPROVAL THEREON.

EXHIBIT P14 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE 4TH PETITIONER.

EXHIBIT P15 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 OF THE 5TH PETITIONER DATED 01.06.2009 A

EXHIBIT P16 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE 6TH PETITIONER AND APPROVAL THEREON.

EXHIBIT P17 TRUE COPY OF THE STAFF FIXATION ORDER 2006-2007 NO.B1-4410/08/D.Dis DATED 08.12.2008(DEO).

EXHIBIT P18 TRUE COPY OF THE STAFF FIXATION ORDER 2007-2008 NO B1/3155/07/D.DIS DATED 03.12.2007 (DEO)

EXHIBIT P18(a) TRUE COPY OF THE STAFF FIXATION ORDER 2009-2010 NO B1/3380/09/B1 DATED 31.07.2009.

EXHIBIT-P-18(b) TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 NO D Dis DATED 26.11.2010 (DEO)..

EXHIBIT P-19 TRUE COPY OF THE JUDGMENT IN WA NO.2290/2018 DATED 25.072017 OF THIS HON'BLE COURT.

EXHIBIT-P 19(a) TRUE COPY OF THE JUDGMENT IN WA NO 2091/2018 DATED 28/06/2019 OF THIS HON'BLE COURT.

EXHIBIT P-20 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 30.08.2019.

EXHIBIT-P21 TRUE COPY OF THE JUDGMENT IN WP(C) NO.26686/2019 DATED 09.10.2019.

EXHIBIT-P22 TRUE COPY OF THE G O (RT) NOM 2129/2020/G.Edn DATED 23.06.2020 OF THE GOVERNMENT.

WP(C).No.28912 OF 2020

EXHIBIT-P23 TRUE COPY OF THE JUDGMENT IN WPC NO.42110/2018 DATED 04.07.2019.

EXHIBIT P24 TRUE COPY OF THE JUDGMENT IN WPC NO 18858/2020 DATED 15.09.2020.

EXHIBIT P25 TRUE COPY OF THE JUDGMENT IN WPC NO 20948/2020 DATED 28/10/2020.

RESPONDENT'S/S EXHIBITS: NIL