Glipsy A D'Silva vs State Of Kerala
2021 Latest Caselaw 13538 Ker

WP(C) NO. 13105 OF 2021

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                  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. 13105 OF 2021
PETITIONER:

              GLIPSY A D'SILVA
              AGED 38 YEARS
              WIFE OF PRAVEEN GEORGE, UPPER PRIMARY SCHOOL ASSISTANT,
              MAR SEVERIUS U.P.SCHOOL, KORATTY, THRISSUR DISTRICT-680308.

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


RESPONDENTS:

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

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

      3       THE DEPUTY DIRECTOR OF EDUCATION
              THRISSUR AT AYYANTHOLE-680003.

      4       THE DISTRICT EDUCATIONAL OFFICER
              IRINJALAKUDA, THRISSUR DISTRICT-680121.

      5       THE ASSISTANT EDUCATIONAL OFFICER
              CHALAKKUDY, THRISSUR DISTRICT-680307.

      6       THE MANAGER
              MAR SEVERIUS U.P.SCHOOL, KORATTY-680308,
              THRISSUR DISTRICT.

      7       THE HEADMASTER
              MAR SEVERIUS U.P.SCHOOL, KORATTY-680308,
              THRISSUR DISTRICT.
              SMT. NISHA BOSE-SR. G.P.
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. 13105 OF 2021

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                                  JUDGMENT

This writ petition is filed challenging Ext.P11 Government Order and seeks

a reconsideration of the issue of approval of the petitioner's appointment. It is

submitted that the petitioner had been appointed against an additional division

vacancy on 06.06.2007 and the appointment was approved only in the teachers

package from 01.06.2011. It is submitted that with regard to the period from

06.06.2007 to 31.05.2011 also, the petitioner is entitled to approval deeming that

the manager has submitted the bond in terms of the G.O.(P).No.10/10/G.Edn.

dated 12.01.2010. It is submitted that this Court had issued such directions to the

Government to deem that the bond has been duly executed by the manager even

in cases where matters are pending before the Apex Court raising challenges to

the deeming provision by the managers. Ext.P12 order in an identical case where

the benefits has been granted is also produced.

2. The learned Government Pleader submits that Ext.P10 judgment did

not direct the deeming of the submission of the bond by the manager, which is

the reason why Ext.P11 order has been passed specifically stating that since

there is no deeming directed by this Court, the petitioner is not entitled to

approval of appointment.

WP(C) NO. 13105 OF 2021

3. In view of the fact that identically situated teachers have been

granted the benefit of approval of appointment for the periods before 01.06.2011

deeming that the managers have submitted the bond, I am of the opinion that

the rejection of the claim of the petitioner's case alone on the ground that there

is no deeming directed in Ext.P10 judgment is unsustainable. This is more so in

view of the binding judgments of this Court in earlier cases as well as orders

passed by the Government in identical cases.

4. In the above view of the matter, Ext.P11 order is set aside. There will

be a direction to the 1st respondent to reconsider the issue deeming that the

manager has submitted the bond in terms of G.O.(P).No.10/10/G.Edn. dated

12.01.2010. Orders shall be passed within a period of two months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13105 OF 2021

APPENDIX OF WP(C) 13105/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2007.

Exhibit P2 TRUE COPY OF THE ORDER NO.D.1876/07 DATED 23.11.2017 OF THE AEO, CHALAKUDY.

Exhibit P3 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO BY THE MANAGER DATED 18.12.2007.

Exhibit P4 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO.C.1403/2010/D.DIS. DATED 04.06.2010 ISSUED BY THE AEO, CHALAKKUDY.

Exhibit P5 TRUE COPY OF THE ORDER NO.C-878/2011 DATED 17.09.2011 OF THE AEO CHALAKKUDY (WITH TYPED COPY OF 2ND PAGE).

Exhibit P6 TRUE COPY OF THE ORDER NO.RA(2)/10654/12/DPI/ K.DIS. DATED 26.05.2012 OF THE JOINT DIRECTOR.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.A.NO.2290/2015 DATED 25.07.2017.

Exhibit P8 TRUE COPY OF JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019.

Exhibit P9 TRUE COPY OF THE GOVERNMENT LETTER NO.60930/J2/11/G.EDN. DATED 25.10.2011.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.14323/2020 DATED 15.07.2020.

Exhibit P11 TRUE COPY OF THE G.O(RT)NO.2886/2021/G.EDN.

DATED 31.05.2021.

Exhibit P12 TRUE COPY OF THE G.O(RT.)NO.4708/2019/G.EDN.

DATED 07.11.2019.

RESPONDENT'S/S EXHIBITS: NIL