Musthafa Kamal.T vs State Of Kerala
2021 Latest Caselaw 15181 Ker

               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. 14394 OF 2021
PETITIONERS:

    1       MUSTHAFA KAMAL.T
            AGED 37 YEARS
            UPST, HMSA U.P SCHOOL, THURAKKAL, MANJERI,
            MALAPPURAM 676 121

    2       SHAMSUDHEEN O.P
            LPST, HMSA U.P SCHOOL, THURAKKAL, MANJERI,
            MALAPPURAM 676 121

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



RESPONDENTS:

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

    2       ASSISTANT EDUCATIONAL OFFICER
            MANJERI, MALAPPURAM 676 121

    3       THE MANAGER
            HMSA U.P SCHOOL, THURAKKAL, MANJERI,
            MALAPPURAM 676 121



            SRI. T. RAJASEKHARAN NAIR- 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. 14394 OF 2021

                                     2


                                JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) Issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to approve the appointment of the 1st petitioner from 1.6.2009 onwards and 2nd petitioner from 15.7.2009 onwards instead of 1.6.2011 and to pay all consequential benefits within a time limit.

(2) Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P8 within a time limit and affording an opportunity of hearing to the petitioner.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted that the petitioners were appointed as

UPST and LPST respectively in the 3 rd respondent's school. It is

submitted that the 1st petitioner's appointment was on 01.06.2009

in a retirement vacancy, while the 2nd petitioner was appointed

on 15.07.2009 in an additional division vacancy. The

appointments have been approved only from 01.06.2011. It is

submitted that thereafter, the bond as provided in G.O.(P)

No.10/10/G.Edn. dated 12.01.2010 had been submitted by the

Manager. It is submitted that the appointments of all other WP(C) NO. 14394 OF 2021

teachers, who had been appointed in additional division vacancy

during the ban period had also been approved. It is submitted

that in the above circumstances, the Manager has submitted

Ex.P7 representation before the Government seeking approval of

the petitioners' appointments. The petitioners have also

approached the Government with Ex.P8 revision petition.

4. Having heard the learned Government Pleader also, I am

of the opinion that in view of the fact that the appointments

were made against a retirement vacancy and an additional

division vacancy in the year 2009-10 and since the Manager has

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

12.01.2010, it is for the Government to take an appropriate

decision on the representations submitted by the Manager as

well as the petitioners.

There will, accordingly, be a direction to the 1st respondent

to take up Exts.P7and P8 preferred by the Manager of the school

as well as the petitioners respectively and to consider and pass

orders on the same with notice to the petitioners as well as the WP(C) NO. 14394 OF 2021

3rd respondent and after hearing them through any appropriate

means, including by video conferencing. 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 SVP WP(C) NO. 14394 OF 2021

APPENDIX OF WP(C) 14394/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2009 OF THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER DATED 31-12-2012 OF THE DIRECTOR OF GENERAL EDUCATION.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 15-07-2009 OF THE 2ND PETITIONER.

Exhibit P4 TRUE COPY OF THE BOND DATED 7-12-2010 EXECUTED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25-07-

2017 IN W.A NO. 2290/2015

Exhibit P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 6-2-2021

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 5-

12-2019 FILED BY THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED 25-06-2021 PENDING BEFORE THE 1ST RESPONDENT.