Dhananjayan K.P vs State Of Kerala
2021 Latest Caselaw 3227 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.2321 OF 2021(M)


PETITIONER:

               DHANANJAYAN K.P.
               AGED 48 YEARS
               LPSA, POOMANGALAM UP SCHOOL,
               POOMANGALAM, KANNUR DISTRICT-670861.

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

      3        DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR-670001.

      4        ASSISTANT EDUCATIONAL OFFICER,
               TALIPARAMBA NORTH,KANNUR DISTRICT-670141.

      5        MANAGER,
               POOMANGALAM UP SCHOOL,POOMANGALAM,
               KANNUR DISTRICT-670861.

               GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2321 OF 2021

                                         2




                                 JUDGMENT

Dated this the 29th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass final orders on Ext.P7 revision petitions as expeditiously as possible with deeming provision.

ii) To issue a writ of certiorari to quash Ext.P2 and to the extent of denial in Ext.P1 appointment order as it is illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4 th respondent to approve the appointment of the petitioner as LPSA from 10/6/2010 to 31/5/2011 and to disburse all consequential monetary benefits due to them forthwith.

iv) To declare that the petitioner is entitled to get approval to post of LPSA in the light of Ext.P5 judgment."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner was appointed as LPSA

on 01.06.2010 in the 5th respondent's school and the appointment was

rejected by the AEO stating that the appointment was made against

the anticipated post of LPSA with effect from 2010-11 onwards and WP(C).No.2321 OF 2021

that the manager has not executed bond in terms of the G.O.(P)

No.10/10/G.Edn. dated 12.01.2010. The petitioner's appointment in a

later promotion vacancy was approved from 01.06.2011. It is

submitted by the learned counsel for the petitioner that Ext.P7

revision petition has been submitted by the petitioner before the

Government seeking approval of his initial appointment from

10.06.2010 to 31.05.2011. It is submitted that the only reason for non-

approval of the same is that the Manager had not submitted a bond in

terms of G.O(P).No.10/10/G.Edn. dated 12.01.2010.

4. The learned Government Pleader submits that all

appointments in additional division vacancies are liable to be

apportioned in the ratio 1:1 and if the appointment of protected

teacher is not made as provided in G.O(P).No.10/10/G.Edn. dated

12.01.2010, then the Manager should at least have submitted a bond

stating that such appointments would be made in accordance with the

provisions of the Government Order. It is also not known whether the

instant case is one where the Manager has challenged the G.O(P)

10/10/G.Edn. dated 12.01.2010 and whether the issue is pending

before the Apex Court.

WP(C).No.2321 OF 2021

5. Having considered the contentions advanced, I am of the

opinion that Ext.P7 revision petition preferred by the petitioner is

liable to be considered by the 1st respondent, in accordance with law.

In the light of the binding judgments of the Division Bench of this

Court, the question of approval shall be considered deeming that the

Manager has executed the bond as required under G.O(P)10/10/G.Edn.

dated 12.01.2010. Even in case the Manager has approached the Apex

Court with a challenge to the Government Order, I am of the opinion

that the deeming of execution of bond is liable to be taken into

account, subject to the orders to be passed by the Supreme Court in

the pending matters.

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

respondents to consider Ext.P7 revision petition, after hearing the

petitioner as well as the Manager 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 by any appropriate means,

including through video conferencing. In case the petitioner is found

eligible for approval with effect from the initial date of appointment,

the monetary benefits shall also be disbursed within a period of three WP(C).No.2321 OF 2021

months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2321 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2010 ISSUED BY 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF ORDER NO.K.DIS.C/2021/10 DATED 26/02/2011 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2011 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO.RA(3)/83717/11 DATED 22/08/2012 FRO THE YEAR 2010-11 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT

EXHIBIT P6 TRUE COPY OF THE G.O(RT)NO.4998/2019/G.EDN.

DATED 21/11/2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 16/01/2021 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE CIRCULAR BEARING NO.100/J2/2017/G.EDN. DATED 11/9/2018 THUS ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL