Sujitha Balan vs State Of Kerala
2021 Latest Caselaw 13682 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                      WP(C) NO. 12772 OF 2021
PETITIONERS :-

    1       SUJITHA BALAN,
            LPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    2       PRASAD V.,
            UPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    3       SUDHEESH V.
            LPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    4       SREELAKSHMI. C.S,
            UPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    5       NOBLE CHERIAN,
            HST MALAYALAM,
            THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    6       RANJITH KUMAR.T.,
            HST MALAYALAM,
            THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

    7       RAMYA P.V.,
            HST ENGLISH ,
            THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

            BY ADVS.
            AUGUSTINE JOSEPH
            K.S.ROCKEY
            TONY AUGUSTINE
            GEORGE RENOY
 WP(C) NO. 12772 OF 2021

                              -: 2 :-


RESPONDENTS :-

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

     2      THE DISTRICT EDUCATION OFFICER,
            DOWN HILL, MALAPPURAM - 676 505.

     3      THE MANAGER
            THARAKAN HIGH SCHOOL, ANGADIPURAM,
            MALAPPURAM - 679 321.

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12772 OF 2021

                                      -: 3 :-


                                  JUDGMENT

Dated the 2nd day of July, 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records relating to Ext.P24.

ii) Issue a writ of certiorari or any other appropriate writ, direction or order to quash Ext.P24.

iii) Issue a writ of mandamus to the 2 nd respondent to approve the appointments of the petitioners with effect from their initial date of appointments and further to pay all consequential benefits within a time limit."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted that this Court had directed the 2 nd

respondent to reconsider the issue of approval of petitioners'

appointment by Ext.P23 judgment. That writ petition was filed

seeking reconsideration of the rejection of the claim for approval

from the initial date of appointment in the light of Government

Order dated 6.2.2021. By Ext.P24 order dated 3.4.2021, the

approval has again been rejected on the ground that the issue is

not covered by the Government Order dated 6.2.2021. The

essential ground taken in Ext.P24 rejection is that the Manager WP(C) NO. 12772 OF 2021

had not submitted a bond in terms of G.O.(P) No.10/10/G.Edn.

dated 12.1.2010 and that there is no direction to deem that the

Manager had submitted such a bond.

4. Having heard the learned Government Pleader also, I

find that the petitioners had been appointed against additional

division vacancies during the ban period. In several judgments,

this Court had directed the approval of appointments deeming that

the bond had been executed in time de hors the contentions of the

learned counsel for the petitioners that the matter stands squarely

covered by the Government Order dated 6.2.2021. I am of the

opinion that the issue is liable to be reconsidered deeming that the

Manager had submitted the bond. Even in cases where the

managers are before the Apex Court in challenge against the G.O.

(P) No.10/10/G.Edn. dated 12.1.2010 this Court has directed that

the respondents are liable to approve appointments deeming that

the Manager has submitted the bond.

In the above view of the matter, the rejection of the

request of the petitioners for approval of appointments against

additional division vacancies during the ban period on the ground WP(C) NO. 12772 OF 2021

that the Manager has not executed the bond is completely

erroneous and unsustainable. Ext.P24 is, therefore, set aside.

There will be a direction to the 2nd respondent to approve the

appointment of the petitioners deeming that the Manager had

executed such a bond even if the managers are before the Apex

Court in challenge. The deeming will, of course, be subject to the

result of the pending cases before the Apex Court. The 2 nd

respondent shall pass appropriate orders deeming that the

Manager has executed the bond within a period of one month from

the date of receipt of a copy of this judgment. The consequential

benefits as found shall be released to the petitioner within three

months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.7.2021 WP(C) NO. 12772 OF 2021

APPENDIX PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 2.6.2008.

Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.

2741/2013/G.EDN. DATED 3.7.2013.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.2008. OF THE 2ND PETITIONER.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009 OF THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO.

1989/2013/G.EDN. DATED 9.5.2013.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009 OF THE 3RD PETITIONER.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 9.2.2010 OF THE 3RD PETITIONER.

Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.

3345/2013/G.EDN. DATED 16.8.2013.

Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 9.2.2010.

Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 1.6.2010.

Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (RT0 NO. 367/2013/G.EDN. DATED 3.9.2013.

Exhibit P12 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.9.2007 OF THE 5TH PETITIONER.

WP(C) NO. 12772 OF 2021

Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.2008 OF THE 5TH PETITIONER.

Exhibit P14 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.

1253/2015/G.EDN. DATED 27.3.2015.

Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 30.7.2008.

Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED1.6.2010.

Exhibit P17 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.

807/2015/G.EDN. DATED 26.02.2015.

Exhibit P18 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER DATED 19.8.2008.

Exhibit P19 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER DATED 9.2.2010.

Exhibit P20 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.

3215/2013/G.EDN. DATED 1.8.2013.

Exhibit P21 TRUE COPY OF THE JUDGMENT DATED 25.7.2017 IN W.A. NO. 2290/2015.

Exhibit P22 TRUE COPY OF THE G.O.(P) NO. 4/2021/G.EDN. DATED 6.2.2021.

Exhibit P23 TRUE COPY OF THE COMMON JUDGMENT DATED 15.02.2021 IN WPC NO. 2618/2021.

Exhibit P24 TRUE COPY OF THE ORDER DATED 3.4.2021 OF THE 2ND RESPONDENT.