Mithun Kumar.C vs State Of Kerala
2021 Latest Caselaw 468 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.449 OF 2021(E)


PETITIONER/S:

      1         MITHUN KUMAR.C
                AGED 38 YEARS
                HST (MATHS), KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA,
                KANNUR DISTRICT 670 643

      2         SINDHU P.V.
                HST (P.S), KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA,
                KANNUR DISTRICT 670 643

      3         SHIBINA P.
                UPST, KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR
                DISTRICT 670 643

      4         SITHARA S.
                UPST, KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR
                DISTRICT 670 643

                BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENT/S:

      1         STATE OF KERALA
                REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
                GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001

      2         DIRECTOR OF GENERAL EDUCATION
                OFFICE OF THE DIRECTOR GENERAL EDUCATION, JAGATHY,
                THIRUVANANTHAPURAM 695 014

      3         DEPUTY DIRECTOR OF EDUCATION
                OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
                670 001

      4         DISTRICT EDUCATIONAL OFFICER
                THALASSERY, KANNUR DISTRICT 670 101

      5         MANAGER
                KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR
                DISTRICT 670 643
 WP(C).No.449 OF 2021(E)

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OTHER PRESENT:

             GP- SMT. NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.449 OF 2021(E)

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                                JUDGMENT

Dated this the 7th day of January 2021

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to consider and pass final orders on Exts.P16 to P19 revision petitions as expeditiously as possible with deeming provision.

ii) to issue a writ of certiorari to set aside denail of approval in Exts.P1, P5, P8 and P10 as it is illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 5 th respondent to approve the appointment of the 1 st petitioner as UPSA from 23.7.2007 to 31.5.2011, from 21.6.2007 to 31.5.2011 as HST (P.S) of the 2nd petitioner, and from 1.6.2009 to 31.0.2011 as UPSA, and from 1.7.2009 to 31.0.2011 as UPSA and to disburse all consequential monitory benefits due to them forth with.

iv) To declare that the petitioners are entitled to get approval to their respective posts in the light of Ext.P15 judgment.

WP(C).No.449 OF 2021(E)

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

Government Pleader.

3. It is submitted by the learned Counsel for the petitioner that

the respondents have refused to approve the appointment of the

petitioner with effect from the initial date of appointment on the

ground that the Manager has not executed a bond in terms of G.O.

(P).No.10/10/G.Edn. dated 12.1.2010. The petitioners have

preferred Exts.P16 to P19 revision petitions before the

Government. It is submitted that, by several judgments including

Ext.P15 judgment of a Division Bench of this Court, this Court has

directed the approval of appointment with effect from the initial

date of appointment, deeming that the bond has been executed by

the Manager. It is therefore, contended that Exts.P16 to P19 are to

be considered by the Government, taking note of the deemed

submission of bond by the Manager. and direct the approval of

appointment with effect from the initial date of appointment.

4. Having heard the learned Government Pleader also, this writ

petition is disposed of directing the 1 st respondent to take up and

pass appropriate orders on Exts.P16 to P19 revision petitions,

deeming that the bond has been furnished by the Manager as WP(C).No.449 OF 2021(E)

provided in G.O.(P).No.10/10/G.Edn. Dated 12.1.2010. Appropriate

orders shall be passed on Exts.P16 to P19, within a period of three

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

Monetary benefits, if any found due, shall be calculated and

disbursed to the petitioner within a period of three months

thereafter.

The writ petition is ordered accordingly.

Sd/

ANU SIVARAMAN

JUDGE

Jm/ WP(C).No.449 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 23/7/2007 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B6/7525/07/K.DIS DATED 11/2/2008 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER BEARING NO.EM(3)/59141/2008/DPI/D.DIS DATED 29/12/2008 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2011 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 21/6/2007 THUS ISSUED BY THE 5TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER BEARING NO.B6/6239/07/K.DIS DATED 18/1/2008 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER BEARING NO.EM(3)/42320/2008/DPI/D.DIS DATED 23/10/2008 THUS ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2009 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER

EXHIBIT P9 TRUE COPY OF THE ORDER NO.K.DIS/B6/4411/09 DATED 27.6.2010 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/7/2009 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P11 TRUE COPY OF THE ORDER NO.K.DIS/B6/5204/10 DATED 29/6/2010 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE ORDER NO.EM4/15979/2011/DPI/K.DIS DATED 6.8.2011 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P13 TRUE COPIES OF THE ORIGINAL STAFF FIXATION WP(C).No.449 OF 2021(E)

ORDERS FOR THE YEARS 2007-08, 2008-09 AND 2009-10 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P14 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN.

DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT

EXHIBIT P16 TRUE COPY OF THE REVISION PETITION DATED 12/3/2020 THUS SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P17 TRUE COPY OF THE REVISION PETITION DATED 12/3/2020 THUS SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P18 TRUE COPY OF THE REVISION PETITION DATED 12/3/2020 THUS SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P19 TRUE COPY OF THE REVISION PETITION DATED 12/3/2020 THUS SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P20 TRUE COPY OF THE PROCEEDINGS NO.B6/4954/19/K.DIS DATED 22/02/2020 ISSUED BY THE 4TH RESPONDENT