Swapnam Jose vs The State Of Kerala
2021 Latest Caselaw 13516 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 12251 OF 2021
PETITIONER

             SWAPNAM JOSE
             AGED 45 YEARS
             D/O.ROSAMMA JOSEPH, HIGH SCHOOL TEACHER, ST.THOMAS HIGHER
             SECONDARY SCHOOL, PALA, KOTTAYAM DISTRICT, RESIDING AT
             THENGUMMOOTTIL THEKKEL HOUSE, ERATTUPETTA P.O., KOTTAYAM
             DISTRICT-686 121.
             BY ADVS.
             T.MADHU
             J.PRAKASH C.VADAKKAN
             C.R.SARADAMANI
             ALVIN T.ABRAHAM
             SHAHID AZEEZ


RESPONDENTS:

     1       THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.
     2       THE DIRECTOR GENERAL OF EDUCATION,
             OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, VAZHUTHACAUD
             P.O., THIRUVANANTHAPURAM-695 014.
     3       THE DEPUTY DIRECTOR OF EDUCATION,
             KOTTAYAM, KOTTAYAM P.O., KOTTAYAM DISTRICT-686 001.
     4       THE DISTRICT EDUCATION OFFICER,
             KANJIRAPPALLY, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT-686
             507.
     5       THE MANAGER, CORPORATE EDUCATIONAL AGENCY,
             DIOCESE OF PALA, PALA P.O., KOTTAYAM DISTRICT-686 575.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.12251/2021

                                      2

                               JUDGMENT

This writ petition is filed seeking the following reliefs: -

i call for the records leading to Exhibits P1 to P3 and P19 and set aside the same by issuing the writ of certiorari so as to secure the ends of justice .

ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 4 to approve the appointment of the petitioner as Upper Primary School Assistant made by the fifth respondent for the academic year 2008-2009 and 2009-2010 and to pay her salary and other consequential benefits, so as to secure the ends of justice.

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 petitioner had been appointed as UPSA in

the St. Paul's High School, Valiyakumaramangalam under the

5th respondent Corporate Manager on 02.06.2008. It is

submitted that she had continued till the end of the academic

year. But the appointment was rejected by the DEO as per

Ext.P1 order dated 30.06.2008. The appeal was also rejected by

the 3rd respondent as per Ext.P2 order dated 04.03.2009. The

petitioner was again appointed in the aforesaid school itself on WP(C) No.12251/2021

01.06.2009 in an additional division vacancy for the academic

year 2006-2007 and continued till 31.03.2010. The approval for

appointment has also been rejected by the 4 th respondent as

per Ext.P3 order dated 10.12.2010. The petitioner was again

appointed as UPSA in the St. Augustine's High School,

Perumkulam under the 5th respondent Corporate Manager on

14.06.2010 and she continued the post till 31.03.2011. It is

submitted that the appointment of the petitioner was approved

from 19.06.2010 only on daily wages as per Ext.P4 order dated

27.09.2011. Though the revision petition submitted by the

petitioner was directed to be considered by Ext.P19 order, the

revision petition has been rejected on the ground that the

Manager has not executed a bond undertaking to appoint equal

number of teaching staff from the academic year 2006-2007

onwards and that there was no direction to deem that such

bond has been executed in Ext.P18 judgment.

4. The learned Government Pleader would submit that

since the bond has not been executed by the Manager and

since there is no direction for deeming the execution of the WP(C) No.12251/2021

bond, the Government could not have allowed the revision

petition.

5. Having heard the learned counsel on either side, I

notice that this Court had, in several writ petitions, directed the

Government to grant approval for appointments made during

the ban period deeming that the Manager had executed the

bond, even in cases where the Government Order dated

12.01.2010 is under challenge by the Management before the

Apex Court. In several identical cases, the Government had

accorded approval deeming that the bond has been executed.

6. In the above view of the matter. I am of the opinion

that the rejection of approval on the ground that this Court had

not directed the Government to deem that the Manager had

executed the bond is completely untenable. Ext.P19 order is,

therefore, set aside. There will be a direction to the

Government to reconsider the issue deeming that the Manager

had executed the bond in terms of G.O.(P) No.10/10 G.Edn.

dated 12.01.2010. Necessary shall be done within a period of WP(C) No.12251/2021

two months from the date of receipt of a copy of this

judgement.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/01.07.2021 WP(C) No.12251/2021

APPENDIX OF WP(C) 12251/2021

PETITIONER EXHIBIT Exhibit P1 THE TRUE COPY OF THE ORDER DATED 30.06.2008 OF THE FOURTH RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER DATED 04.03.2009 OF THE THIRD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 10.12.2010 OF THE FOURTH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 14.06.2010 ISSUED BY THE FIFTH RESPONDENT ALONG WITH THE ORDER DATED 27.09.2011 OF THE FOURTH RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 26.09.2011 OF THE FIFTH RESPONDENT ALONG WITH ORDER DATED 08.12.2011 OF THE FOURTH RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 24.11.2011 OF THE FIFTH RESPONDENT ALONG WITH ORDER DATED 09.12.2011 OF THE FOURTH RESPONDENT.

Exhibit P7 THE TRUE COPY OF THE APPOINTMENT 0RDDER DATED 04.06.2012 ISSUED BY THE FIFTH RESPONDENT ALONG WITH THE ORDER DATED 20.10.2012 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2016 ISSUED BY THE FIFTH RESPONDENT ALONG WITH THE ORDER DATED 21.06.2019 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P9 THE TRUE COPY OF THE ORDER DATED 01.06.2017 OF THE FIFTH RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2017 ISSUED BY THE FIFTH RESPONDENT AND THE ORDER APPROVING THE APPOINTMENT AS ABOVE ISSUED BY THE FOURTH RESPONDENT DATED 29.12.2017.

Exhibit P11 THE RELEVANT PORTION OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P12 THE TRUE COPY OF THE ORDER DATED 12.01.2010 BEARING NO.GO(P) NO.10/10/G.EDN.

WP(C) No.12251/2021

Exhibit P13 THE TRUE COPY OF THE JUDGMENT DATED 18.02.2015 IN WPC NO.6039/2012 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P14 THE TRUE COPY OF THE JUDGMENT DATED 28.07.2015 IN WPC NO.15998/2015 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P15 THE TRUE COPY OF THE JUDGMENT DATED 17.11.2016 IN WPC NO.3383/2013 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P16 THE TRUE COPY OF THE JUDGMENT DATED 25.07.2017 IN WA NO.2290/2015 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P17 THE TRUE COPY OF THE REVISION PETITION DATED 15.11.2019 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P18 THE TRUE COPY OF THE JUDGMENT DATED 05.02.2020 IN WPC NO.3118/2020 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P19 THE TRUE COPY OF THE ORDER NO.1646/2021/G.EDN DATED 15.02.2021 OF THE FIRST RESPONDENT. Exhibit P20 THE TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE HEADMASTER, ST.PAUL'S HIGHER SECONDARY SCHOOL, VALIYAKUMARAMANGALAM.