Jeny.M.R vs State Of Kerala
2021 Latest Caselaw 15249 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                          WP(C) NO. 29852 OF 2016
PETITIONERS:

     1       JENY.M.R., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE),
             AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL,PARIPPALLY,
             KOLLAM DISTRICT - 695 574.

     2       NIRMALA KUMARI AMMA G., HIGH SCHOOL ASSISTANT (ENGLISH),
             AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL, PARIPPALLY,
             KOLLAM DISTRICT - 691 574.

     3       SREEDEVI P.H., HIGH SCHOOL ASSISTANT (SANSKRIT),
             AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL,PARIPPALLY,
             KOLLAM DISTRICT - 691 574.

     4       PRAVEENA K.L., HIGH SCHOOL ASSISTANT(MATHS), AMRITHA
             SANSKRIT HIGHER SECONDARY SCHOOL,PARIPPALLY, KOLLAM
             DISTRICT - 691 574.

     5       SIVALA S., UPSA,AMRITHA SANSKRIT HIGHER SECONDARY
             SCHOOL, PARIPPALLY, KOLLAM DISTRICT - 691 574.

     6       BINDHU S., UPSA, AMRITHA SANSKRIT HIGHER SECONDARY
             SCHOOL, PARIPPALLY, KOLLAM DISTRICT - 691 574.

     7       DEETHA L.D., UPSA, AMRITHA SANSKRIT HIGHER SECONDARY
             SCHOOL, PARIPPALLY, KOLLAM DISTRICT - 691 574.

     8       SMITHA B., UPSA, AMRITHA SANSKRIT HIGHER SECONDARY
             SCHOOL, PARIPPALLY, KOLLAM DISTRICT - 691 574.

     9       SHEEBA B., LG SANSKRIT TEACHER,HIGH SCHOOL ASSISTANT
             AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL, PARIPPALLY,
             KOLLAM DISTRICT - 691 574.
 WPC 29852/16                        2




      10       PREEJA S., UPSA, AMRITHA SANSKRIT HIGHER SECONDARY
               SCHOOL,PARIPPALLY, KOLLAM DISTRICT - 691 574.

      11       MANJUSHA L., HSA (SS), AMRITHA SANSKRIT HIGHER
               SECONDARY SCHOOL, PARIPPALLY, KOLLAM DISTRICT-691 574.

               BY ADVS. SRI.M.V.THAMBAN
               SRI.ARUN BOSE
               SRI.B.BIPIN
               SRI.R.REJI
               SMT.THARA THAMBAN


RESPONDENTS:

       1       STATE OF KERALA REPRESENTED BY SECRETARY TO THE
               GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION,GOVERNEMNT
               SECRETARIAT, THIRUANANTHAPURAM,PIN - 695 001.

       2       THE DIRECTOR OF PUBLIC INSTRUCTION
               THIRUVANANTHAPURAM - 695 001.

       3       THE DEPUTY DIRECTOR EDUCATION
               KOLLAM, KOLLAM DISTRICT,PIN - 691 001.

       4       THE DISTRICT EDUCATIONAL OFFICER
               KOLLAM, KOLLAM DISTRICT,PIN - 691 001.

       5       THE MANAGER, AMRITHA SANSKRIT HIGHER SECONDARY
               SCHOOL,PARIPPALLY, KOLLAM DISTRICT - 691 574.

               R1 TO R4 BY SRI. P.M.MANOJ - SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 29852/16                        3




                              JUDGMENT

The petitioners are stated to be working as Teachers in 'Amritha

Sanskrit Higher Secondary School', Parippally, Kollam - of which the fifth

respondent is the Manager. They say that they were originally appointed

in their present posts against additional division vacancies. The petitioners

allege that, however, approval to their appointments were granted only

with effect from 01.06.2011, by including them in the 'Teachers Package'

and that this is egregiously improper because they were entitled to be

granted approval from their initial dates of appointment.

2. The petitioners say that, therefore, they approached the

competent educational authorities, but that their requests were turned

down through Exhibits P14 and P16 orders solely for the reason that the

school is a 'newly opened one' and hence that when the additional division

vacancies occurred therein, it could have been filled up by the Manager

only in terms of G.O.(P)No.10/10/G.Edn. dated 12.01.2010, a copy of which

is produced on record as Exhibit P15.

3. The petitioners allege that Exhibits P14 and P16 orders have

been issued solely on the ground that the Manager has not executed a

bond in terms of Exhibit P15 and contend that this is illegal because this

Court has, through a series of judgments, held that in such scenario, the

competent educational authorities are obligated to deem that the Manager

had executed a bond in terms of the said Government Order.

4. They, therefore, pray that Government be directed to reconsider

their requests for approval from the initial date of their appointments

deeming that the Manager has executed a bond in terms of Exhibit P15

Government Order.

5. I have heard Sri.M.V.Thamban, learned counsel for the

petitioners and Sri.P.M.Manoj, learned Senior Government Pleader for the

official respondents.

6. The learned Senior Government Pleader submitted that

petitioners cannot challenge Exhibits P14 and P16 orders, because

approval from their initial dates of appointments could not have been

granted, since they were appointed in the additional division vacancies,

which is evident from the fact that vacancies were not available during the

academic years 2007-08 and 2008-09 and further because, the Manager

could have appointed them only after executing a bond as per Exhibit P15

Government Order. He added that petitioners' service prior to 01.06.2011

cannot be reckoned or taken into account because they were included in

the 'Teachers Package' and therefore, that the impugned orders are

irreproachable. He thus prayed that this writ petition be dismissed.

7. The afore submissions being so recorded, I have examined

Exhibits P14 and P16 orders, which are impugned in this writ petition.

8. As rightly stated by the learned counsel for the petitioners, the

stand of the authorities in both these orders is that, at the time when the

petitioners were initially appointed, there was a ban of appointment

ordered by the Government against filling up of any additional division

vacancies. They, however, admit that this ban was subsequently vacated

and Exhibit P15 order issued, mandating the Managers of the Schools to

execute a bond undertaking to fill up equal number of vacancies through

protected teachers.

9. However, it is clear that the only reason stated in Exhibits P14

and P16 for rejecting the petitioners' approval is that the Manager had not

executed a bond in spite of the fact that he was obligated to do so as per

Exhibit P15 Government Order.

10. In this perspective, it is without doubt, as again rightly pointed

out by the learned counsel for the petitioners, that this Court has issued

several judgments in the past, concerning the approval of appointments of

persons like the petitioners, directing the educational authorities to grant

it, deeming that the Manager had executed a bond in terms of G.O.(P)No.

10/10/G.Edn. Dated 12.01.2010. Since Exhibits P14 and P16 orders were

issued without adhering to this and since the petitioners have been denied

approval from their initial dates of appointment solely on account of this

reason, I am certain that said orders cannot find my favour.

In the afore circumstances, I allow this writ petition and set aside

Exhibits P14 and P16, with a consequential direction to the competent

authority of the Government to re-consider the revisions which led to the

said orders, after affording an opportunity of being heard to the

petitioners as well as the Manager of the School - either physically or

through video conferencing - thus culminating in appropriate orders

thereon, as expeditiously as possible but not later than three months from

the date of receipt of a copy of this judgment.

Needless to say, while the afore exercise is completed by the

competent Secretary of the Government, said officer will be at full liberty

to deem that the Manager has executed a bond, subject to his version, in

terms of G.O.(P)No. 10/10/G.Edn. dated 12.01.2010.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX OF WP(C) 29852/2016

PETITIONER EXHIBITS:

EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 18.7.2008 IN RESPECT OF THE 1ST PETITIONER.

EXT.P2 TRUE COPY OF THE APPOINTEMNT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2009 IN RESPECT OF THE 2ND PETITIONER.

EXT.P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2009 IN RESPECT OF THE 3RD PETITIONER.

EXT.P4 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2009 IN RESPECT OF THE 4TH PETITIONER.

EXT.P5 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 17.07.2007 IN RESPECT OF THE 5TH PETITIONER.

EXT.P6 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 02.6.2008 IN RESPECT OF THE 6TH PETITIONER.

EXT.P7 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2010 IN RESPECT OF THE 7TH PETITIONER.

EXT.P8 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 16.7.2008 IN RESPECT OF THE 8TH PETITIONER.

EXT.P9 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2008 IN RESPECT OF THE 9TH PETITIONER.

EXT.P10 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2010 IN RESPECT OF THE 10TH PETITIONER.

EXT.P11 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 01.6.2011 IN RESPECT OF THE 11TH PETITIONER.

EXT.P12 TRUE COPY OF THE REVISION PETITION DATED 28.2.2014 FILED BEFORE THE 1ST RESPONDENT.

EXT.P13 TRUE COPY OF THE JUDGMENT DATED 20.3.2014 IN WPC NO.

8121/2014 OF THIS HON'BLE COURT.

EXT.P14 TRUE COPY OF THE GO(RT) NO.647/2015/G.EDN DATED 12.2.2015.

EXT.P15 TRUE COPY OF THE GO(P) NO.10/10/G.EDN DATED 12.1.2010.

EXT.P16 TRUE COPY OF THE GO(RT) NO. 4905/2014/G.EDN DATED 11.11.2014.

EXT.P17 TRUE COPY OF THE REPRESENTATION DATED 27.6.2016 FILED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA.

EXT.P18 TRUE COPY OF THE JUDGMENT IN WA 2091/2018 DATED 28.6.2019 BY THE DIVISION BENCH OF THIS HON'BLE COURT