Ershad C.M vs State Of Kerala
2021 Latest Caselaw 14280 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                          WP(C) NO. 13608 OF 2021
PETITIONER:

              ERSHAD C.M.,
              AGED 33 YEARS
              LPST, SSMLP SCHOOL, KODAMUNDA, PALLARIMANGALAM,
              ERNAKULAM-686 671.

              BY ADVS.
              AUGUSTINE JOSEPH
              K.S.ROCKEY
              TONY AUGUSTINE
              GEORGE RENOY



RESPONDENTS:

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

     2        ASSISTANT EDUCATIONAL OFFICER,
              KOTHAMANGALAM, ERNAKULAM-686 691.

     3        MANAGER, LPST, SSMLP SCHOOL, KODAMUNDA,
              PALLARIMANGALAM, ERNAKULAM-686 671.


OTHER PRESENT:

              SRI. T. RAJASEKHARAN NAIR- SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13608 OF 2021
                                    2

                              JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P5, in the light of Ext.P3, P4 and deeming that the manager had executed bond, within a time schedule and affording an opportunity of hearing to the petitioner.

(ii) issue a writ of mandamus to the 2 nd respondent to approve the appointment of the petitioner for the period from 01.06.2010 to 31.05.2011 with all consequential benefits deeming that the manager had executed bond.

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 was appointed as LPST in the 3 rd

respondent's school in an additional division vacancy w.e.f

01.06.2010. However, the appointment has been approved

only w.e.f 01.06.2011. It is submitted that the petitioner is

entitled to the approval of appointment deeming that the

Manager has submitted a bond to appoint equal number of

protected teachers in terms of clause 6 of Ext.P4 Government WP(C) NO. 13608 OF 2021

Order. However, since no action was taken to the approval of

appointment of the petitioner from 01.06.2010, the petitioner

has moved before the Government with Ext.P5 representation.

4. Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up,

consider and pass orders on Ext.P5 representation preferred by

the petitioner deeming that the Manager has submitted a bond

in terms of G.O.(P) No.10/10 Gen.Edn. Dated 12.01.2010 as has

been specifically provided in Ext.P4 Government Order. Orders

shall be passed within a period of three months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/08.07.2021 WP(C) NO. 13608 OF 2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER DATED 24.11.2011 OF THE DISTRICT EDUCATIONAL OFFICER.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 25.07.2017 IN WA NO.2290/2015.

Exhibit P4 TRUE COPY OF THE ORDER IN GO(P) NO.4/2021/GEN.EDN. DATED 06.02.2021.

Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 18.06.2021 PENDING BEFORE THE 1ST RESPONDENT.