Lathika P.S vs State Of Kerala
2021 Latest Caselaw 2374 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.1682 OF 2021(I)


PETITIONERS:

      1        LATHIKA P.S.
               AGED 40 YEARS
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, R/AT
               GEETHANJALI, STUDIO ROAD, NEMOM,
               THIRUVANANTHAPURAM 695 020

      2        SHYNI NAIR RK
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT
               FARM VIEW, PALLICHAL, NEMOM PO,
               THIRUVANANTHAPURAM 695 020

      3        SHEEBA SP
               NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT
               KEDHARAM, KANJIRAMKULAM PO,
               THIRUVANANTHAPURAM 695 524

      4        MANJUSHA AP
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT
               PAITHRUKAM, RUSSALPURAM, BALARAMAPURAM,
               THIRUVANANTHAPURAM 695 501

      5        LINI KV
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT
               SANKEERTHANAM, POOTHEMCODE, NELLIMOOD PO,
               THIRUVANANTHAPURAM 695 524

      6        SALINI I
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT J S
               BHAVAN, MULLAVILA, CICILIPURAM, VENGANOOR PO,
               THIRUVANANTHAPURAM 695 523

      7        P V BIJU
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT TC-
               17/1621, VIJAYA NIVAS, POOJAPPURA, PO,
               THIRUVANANTHAPURAM 695 012

      8        KRISHNA BS
               HST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU R/AT
               REVATHI, VELLAYANI, OOKKODE PO,
               THIRUVANANTHAPURAM 695 020
 WP(C).No.1682 OF 2021(I)

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

RESPONDENTS:

       1       STATE OF KERALA
               REP.BY ITS 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
               NEYYANTTINKARA, THIRUVANANTHAPURAM 695 121

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



               SR. GP T. RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1682 OF 2021(I)

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                                   JUDGMENT

Dated this the 21st day of January 2021

This writ petition is filed seeking the following reliefs:

"i) 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 P8, 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;

ii) 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 P8 appointment orders, in modification of the approval granted with effect from 01.01.2011."

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 against the orders of the Educational Authorities refusing to

approve the appointment of the petitioners from the initial date of

appointment on the ground that the bond has not been submitted

by the Manager in terms of G.O.(P) No.10/10 G Edn dated

12/01/2010, the petitioners have moved Exts.P12 to P19 revision

petitions before the Government.

4. Though the learned Government Pleader submits that the

revision petitions have been preferred without approaching the WP(C).No.1682 OF 2021(I)

intermediate educational authorities in appeal and revision, I am of

the opinion that since the issue relates to the implementation of

G.O.(P) No.10/10 and since this Court has directed the approval of

appointments deeming that a bond has been submitted by the

Manager, the issue is liable to be considered by the Government

itself.

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

the 1st respondent to take up Exts.P12 to P19 revision petitions

preferred by the petitioners with notice to the petitioners as well as

the Manager and to pass appropriate orders thereon 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

through any appropriate means including video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1682 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.10.2007 OF 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.12.2008 OF 1ST 2ND

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.6.2009 OF 3RD PETITIONER

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.6.2009 OF 4TH PETITIONER

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 OF 5TH PETITIONER

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 OF 6TH PETITIONER

EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 OF 7TH PETITIONER

EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 OF 8TH PETITIONER

EXHIBIT P9 TRUE COPY OF ORDER 28.1.2010 REJECTING APPROVAL OF FOURTH PETITIONER

EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 2.3.2014 SUBMITTED BY PETITIONERS ALONG WITH OTHERS BEFORE THE FIRST RESPONDENT

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 22.1.2015 SUBMITTED BEFORE THE FIRST RESPONDENT

EXHIBIT P12 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 1ST PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P13 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 2ND PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P14 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 3RD PETITIONER BEFORE THE GOVERNMENT WP(C).No.1682 OF 2021(I)

EXHIBIT P15 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 4TH PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P16 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 5TH PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P17 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 6TH PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P18 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 7TH PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P19 TRUE COPY OF REPRESENTATIONS/REVISION DATED 18.11.2020 SUBMITTED BY 8TH PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P20 TRUE COPY OF G.O.(P) NO.10/10/ G EDN DATED 12/1/2010

EXHIBIT P21 TRUE COPY OF GO(P) NO.199/2011/G EDN.

DATED 1/10/2011