Kerala High Court
Neziya Beevi S vs State Of Kerala on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 14409 OF 2021
PETITIONER:
NEZIYA BEEVI S.,
AGED 36 YEARS
W/O. ANZARI S., LOWER PRIMARY SCHOOL ASSISTANT, SREE
NARAYANA VILASAM HIGHER SECONDARY SCHOOL, PANAYARA,
P.O. PANAYARA, VARKALA, THIRUVANANTHAPURAM (RESIDING AT
ANZARI MANZIL, P.O., NJARAYILKONAM, MADAVOOR,
PALLICKAL, THIRUVANANTHAPURAM DISTRICT-695602)
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
FORT, THIRUVANANTHAPURAM-695036.
4 THE DISTRICT EDUCATIONAL OFFICER,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695101.
5 THE MANAGER,
NOBLE GROUP OF SCHOOLS, SARKARA, P.O. CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT-695304.
SRI. BIJOY CHANDRAN - SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14409 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs :-
"i) call for the records relating to Exhibit P2 and set aside
the originals of the same by the issue of a writ of certiorari
or other appropriate writ or order.
ii) declare that Exhibit P1 appointment of the petitioner is
legally valid and sustainable.
iii) issue a writ of mandamus or other appropriate writ or
order or direction commanding the respondents to approve
the appointment of the petitioner as LPSA from 01.06.2009 to
31.05.2011 as if the Manager has executed the bond and
disburse the attendant benefits forthwith.
iii) issue a writ of mandamus or other appropriate writ or
order or direction commanding the 1st respondent to
effectively consider and pass appropriate orders upon
Exhibit P8 revision petition deeming that the Manager has
executed the bond and to enforce the conditions therein
taking note of the Exhibits P5 and P6 judgments within a
time frame after affording an opportunity of being heard to
the petitioner.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted that the petitioner was appointed as LPSA
from 01.06.2009 in the 5th respondent's school and the appointment
was rejected by the DEO stating that there was no sanctioned post
vacant in the school due to the restriction imposed by the
Government on creation of additional posts and that the Manager has
WP(C) NO. 14409 OF 2021
not executed bond in terms of the G.O.(P) No.10/10/G.Edn. dated
12.01.2010. However, the petitioner's appointment was approved with
effect from 01.06.2011 onwards in the Teacher's Package. It is
submitted by the learned counsel for the petitioner that pursuant to
the subsequent orders issued by the Government, Ext.P8 revision
petition has been submitted by the petitioner before the Government
seeking approval of her initial appointment from 01.06.2009 to
31.05.2011. It is submitted that the only reason for non-approval of
the same is that the Manager had not submitted a bond in terms of
G.O(P).No.10/10/G.Edn. dated 12.01.2010.
4. The learned Government Pleader submits that all
appointments in additional division vacancies are liable to be
apportioned in the ratio 1:1 and if the appointment of protected
teacher is not made as provided in G.O(P).No.10/10/G.Edn. dated
12.01.2010, then the Manager should at least have submitted a bond
stating that such appointments would be made in accordance with
the provisions of the Government Order. It is also not known
whether the instant case is one where the Manager has challenged
the G.O(P) 10/10/G.Edn. dated 12.01.2010 and whether the issue is
WP(C) NO. 14409 OF 2021
pending before the Apex Court.
5. Having considered the contentions advanced, I am of the
opinion that Ext.P8 revision petition preferred by the petitioner is
liable to be considered by the 1st respondent, in accordance with law.
In the light of the binding judgments of the Division Bench of this
Court, the question of approval shall be considered deeming that the
Manager has executed the bond as required under
G.O(P)10/10/G.Edn. dated 12.01.2010. Even in case the Manager has
approached the Apex Court with a challenge to the Government
Order, I am of the opinion that the deeming of execution of bond is
liable to be taken into account, subject to the orders to be passed by
the Supreme Court in the pending matters.
In the above view of the matter, there will be a direction to the
respondents to consider Ext.P8 revision petition, after hearing the
petitioner as well as the Manager within a period of three months
from the date of receipt of a copy of this judgment. It is made clear
that the hearing can be conducted by any appropriate means,
including through video conferencing. In case the petitioner is found
eligible for approval with effect from the initial date of appointment,
WP(C) NO. 14409 OF 2021
the monetary benefits shall also be disbursed within a period of three
months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C) NO. 14409 OF 2021
APPENDIX OF WP(C) 14409/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01/06/2009.
Exhibit P2 TRUE COPY OF THE ORDER NO.
B2/3890/09/K.DIS. DATED 07/06/2010 OF THE
DEO, ALONG WITH TYPED COPY.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01/06/2011 AND APPROVAL
RECORDED THEREON.
Exhibit P4 TRUE COPY OF THE GO(P) NO.73/2006/G.EDN
OF THE GOVERNMENT DATED 18/02/2006.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WA
NO.2290/2015 DATED 25/07/2017.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WA
NO.2091/2018 DATED 28/06/2019.
Exhibit P7 TRUE COPY OF THE LETTER
NO.60930/J2/11/G.EDN DATED 25/10/2011 OF
THE GOVERNMENT.
Exhibit P8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
30/06/2021.
Exhibit P9 TRUE COPY OF THE ORDER NO.
D.DIS/35875/11/RA(1)/DPI DATED 29/09/2012
OF THE 2ND RESPONDENT OFFICE.
Exhibit P10 TRUE COPY OF THE STAFF FIXATION ORDER
2010-2011 DATED 30/03/2011.
Exhibit P11 TRUE COPY OF THE STAFF STATEMENT OF THE
SCHOOL DURING 2009-2010.
