Kerala High Court
Manager. A.U.P.Shcool vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.7868 OF 2020(G)
PETITIONER:
MANAGER. A.U.P.SHCOOL
MUTHUTHALA, PATTAMBI, PALAKKAD 679 303.
BY ADVS.
SRI.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O. THIRUVANANTHAPURAM 695 014.
3 DISTRICT EDUCATIONAL OFFICER,
OTTAPALAM, PALAKKAD 679 101.
4 ASSISTANT EDUCATIONAL OFFICER,
PATTAMBI, PALAKKAD 679 303.
OTHER PRESENT:
SRI. SUNIL KUMAR KURIAKOSE (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7868 OF 2020(G)
2
JUDGMENT
The Manager of A.U.P.School, Muthuthala, Palakkad, has
approached this Court, impugning Ext.P14 order of the
Government, as per which, certain appointments made by him
have been rejected solely for the reason that he had not
executed a bond in terms of G.O.(P)No.10/10/G.Edn. dated
12.01.2010. The petitioner says that the appointments made by
him through Exts.P4 to P12 are valid in law and that the
Government ought to have approved the same, even deeming
that he had executed a bond in terms of the afore Government
Order. The petitioner, therefore, prays that Ext.P14 be set aside
and the respondents be directed to approve the appointments
made by him through Exts.P4 to P12, along with all monetary
benefits.
2. In response to the afore submissions made on behalf
of the petitioner by his learned counsel - Sri.S.M.Prem, the
learned Government Pleader - Sri.Sunil Kumar Kuriakose,
submitted that Ext.P14 has been issued validly and after taking
into account all necessary factual circumstances, because the
Manager had not appointed equal number of protected
WP(C).No.7868 OF 2020(G)
teachers against the vacancies available. The learned
Government Pleader submitted that, as has been averred in the
counter affidavit filed on behalf of the 4 th respondent, the
Manager refused to execute a bond in terms of the afore
mentioned Government Order and therefore, that the
Authorities had no other option but to reject the proposals
presented by him for approval. The learned Government
Pleader, therefore, prays that this writ petition be dismissed.
3. Even when I hear the learned Government Pleader
on the afore lines, it is now too well settled, for requirement of
reinstatement, that even in cases where the Manager has not
executed a bond, the Government has the liberty to deem that
he/she has executed the same and to deal with the proposals
for approval of appointments made in terms of law.
4. However, going by the impugned order, all what is
stated therein is that since the Manager has not executed the
bond, approval of appointments made by him cannot be
granted. I am afraid that this view in Ext.P14 cannot find
favour in law and am therefore, constrained to order this writ
petition accordingly.
WP(C).No.7868 OF 2020(G)
In the afore circumstances, I set aside Ext.P14 and direct
the Government to reconsider the proposals for approval of the
appointments made by the Manager through Exts.P4 to P12,
after affording an opportunity of being heard to him as also the
concerned Teachers - either physically or through video
conferencing - thus culminating in an appropriate order
thereon, as expeditiously as is possible but not later than three
months from the date of receipt of a copy of this judgment.
Needless to say, while the afore exercise is completed by
the Government, they will be at liberty to deem that the
petitioner - Manager has executed a bond in terms of the G.O.
(P)No.10/10/G.Edn. dated 12.01.2010.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.7868 OF 2020(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS/C/5489/2017 DATED 07.2.2017 ISSUED BY THE
4TH RESPDOENT AEO FOR THE YEAR 2017-18.
EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS/C/2415/2018 DATED 03.7.2018 ISSUED BY THE
4TH RESPONDENT AEO FOR THE YEAR 2018-198.
EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS/C/50860/2019 DATED 17.07.2019 ISSUED BY THE
4TH RESPONDENT AEO FOR THE YEAR 2019-20.
EXHIBIT P4 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.
P.R. NEERAJA AS UPSA WITH EFFECT FROM 06.06.2017.
EXHIBIT P5 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. J.
SREEJA AS LPSA WITH EFFECT FROM 12.06.2017.
EXHIBIT P6 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.
ROSHNI NAMBEESANA S LPSA WITH EFFECT FROM
12.06.2017.
EXHIBIT P7 TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI.C.P.
SAJEEV AS UPSA WITH EFFECT FROM 27.06.2017.
EXHIBIT P8 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. K.
LIJI AS UPSA WITH EFFECT FROM 18.07.2017.
EXHIBIT P9 TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI. M.H
VASUDEVANA S LPSA WITH EFFECT FROM 20.07.2017.
EXHIBIT P10 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.
M.P. PREETHI AS HINDI TEACHER WITH EFFECT FROM
01.11.2017.
EXHIBIT P11 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.K.R.
REMYA AS UPST WITH EFFECT FROM 10.06.2019.
EXHIBIT P12 TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.K.
SHIBI ARAVIDNA S UPST WITH EFFECT FROM
10.06.2019.
WP(C).No.7868 OF 2020(G)
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 06.11.2019 PASSED
IN WPC NO. 29836 OF 2019.
EXHIBIT P14 TRUE COPY OF ORDER NO. B4/7276/2019 DATED
01.02.2020 ISSUED BY THE 32RD RESPONDENT DEO.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 25.07.2017 PASSED
IN W.A. NO. 2290 OF 2015.
