Kerala High Court
Greeshma.P.C vs State Of Kerala on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 25785 OF 2019
PETITIONERs:
1 GREESHMA.P.C
AGED 26 YEARS
LPSA, AIDED LOWER PRIMARY SCHOOL, MANNARKKAD, PALAKKAD
DISTRICT.
2 SRUTHI. M. V.
LPSA, AIDED LOWER PRIMARY SCHOOL, MANNARKKAD, PALAKKAD
DISTRICT.
BY ADV GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695 014.
3 DISTRICT EDUCATIONAL OFFICER
MANNARKKAD - 678 682, PALAKKAD.
4 ASSISTANT EDUCATIONAL OFFICER
MANNARKKAD - 678 682, PALAKKAD.
5 THE MANAGER
AIDED LOWER PRIMARY SCHOOL, MANNARKKAD - 678 682, PALAKKAD.
OTHER PRESENT:
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25785 OF 2019
2
JUDGMENT
The petitioners say that they were appointed as Lower
Primary School Teachers in the "Aided Lower Primary School",
Mannarkkad, Palakkad, by its Manager validly, through Exts.P1
and P2 orders. They say that, however, when the Manager
forwarded the same for approval to the Controlling Authority, it
was rejected through Exts.P3 and P4 respectively, against which
they approached the Director of General Education (DGE) and the
Government, but that it was also rejected through Exts.P10 and
P13.
2. The petitioners assert that, as is evident from Ext.P13,
the sole reason why their approval has been denied is because the
Manager of the School had not executed a bond in terms of
G.O(P)No.1208/2001/Fin dated 22.10.2001, since as per its terms,
any vacancy which was kept vacant for more than one year was to
be treated as having been abolished. The petitioners say that,
however, subsequently, the Government themselves have issued
G.O.(P)No.4/21/G.Edn dated 06.02.2021, granting further time to
WP(C) NO. 25785 OF 2019
the Managers of the Schools to execute bonds within an extended
time frame and they, therefore, pray that the matter be directed to
be reconsidered on its mandate, by the Government.
3. The learned Senior Government Pleader, Sri.P.M.Manoj,
responded to the afore submissions of Dr.George Abraham by
saying that if the petitioners only require reconsideration of their
case based on the aforementioned Government Order, he will not
stand in the way; but prayed that this Court may not make any
affirmative declarations in their favour and leave it to the
competent Authority to take a decision thereon as per law.
In the afore circumstances and since the petitioners are only
seeking the benefit of the subsequent Government Order
mentioned above, I deem it appropriate to allow this writ petition
to such extent.
Resultantly, this writ petition is allowed and Ext.P13 is set
aside; however, for the limited purpose of the Government
reconsidering the case of the petitioners, adverting to G.O.
(P)No.4/21/G.Edn dated 06.02.2021, after affording an opportunity
of being heard to the petitioners, thus culminating in an
appropriate order within a period of four months from the date of
WP(C) NO. 25785 OF 2019
receipt of a copy of this judgmet.
Needless to say, if, after the afore exercise, the petitioners are
found entitled for any benefits, same shall be disbursed to them
without any avoidable delay, but not later than three months
thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 25785 OF 2019
APPENDIX OF WP(C) 25785/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED
1.6.2016 OF THE IST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE
2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT
EDUCATIONAL OFFICER DATED 26.5.2017.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL
OFFICER DATED 26.5.2017.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE D.E.O DATED
28.9.2017.
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE D.E.O DATED 28.9.2017
AS FAR AS THE 2ND PETITIONER IS CONCERNED.
EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER DATED
14.12.2017.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR DATED 7.1.2017.
EXHIBIT P9 TRUE COPY OF THE CIRCULAR DATED 15.1.2017 ISSUED BY
THE GOVERNMENT.
EXHIBIT P10 TRUE COPY OF ORDER DATED 1.9.2018.
EXHIBIT P11 TRUE COPY OF THE REVISION DATED 22.9.2018, FILED BY
THE IST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE REVISION FILED BY THE 2ND
PETITIONER DATED 22.9.2018.
EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER DATED 6.8.2019.
