Kerala High Court
Sheena Joseph vs State Of Kerala on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.29001 OF 2020(A)
PETITIONERS:
1 SHEENA JOSEPH, AGED 41 YEARS
W/O. SAJI MATHEW,NOW WORKING AS HSA (PHYSICAL
SCIENCE), S.H.G.H.S., MUTHALAKODAM, THODUPUZHA
2 SHINTO GEORGE, AGED 36 YEARS
S/O. GEORGE MATHEW, NOW WORKING AS UPST ,
ST.SEBASTIANS UPS, THODUPUZHA
3 JINTO THOMAS, AGED 37 YEARS
S/O. M.J.THOMAS, NOW WORKING AS UPST , S.G.H.S
UDUMBANNOOR, THODUPUZHA
4 JOBIN JOSEPH, AGED 38 YEARS
S/O. K.V.JOSEPH, NOW WORKING AS UPST
S.J.H.S.S.,KARIMANNOOR
5 LINTO GEORGE, AGED 40 YEARS
S/O. C.M.GEORGE, NOW WORKING AS LPST,
S.J.L.P.S ELEMDESOM, THODUPUZHA
6 PREETHI JOSE, AGED 39 YEARS
W/O. BINU JOSEPH, NOW WORKING AS LPST,
M.B.U.P.S THALAYANAD, THODUPUZHA
7 JINCY JOHN, AGED 52 YEARS
W/O. V.P.BABY, NOW WORKING AS HST( HINDI),
S.S.H.S , THODUPUZHA
8 ANITTA V.GEORGE, AGED 48 YEARS
W/O. JOSHY LUKOSE, NOW WORKING AS HST (MATHS),
ST.JOSEPHS H.S.S.,KARIMANNOOR
9 JIJI JACOB, AGED 53 YEARS
S/O.CHACKO, NOW WORKING AS LPST, ST.THOMAS
U.P.SCHOOL, PAYNKULAM, THODUPUZHA
10 SR.SIJI ANTONY, AGED 44 YEARS
D/O. ANTONY, NOW WORKING AS HIGH SCHOOL TEACHER
(MALAYALAM), ST.JOSEPHS H.S.S.,KARIMANOOR
WPC 29001/20
2
11 JIBIN MATHEW, AGED 36 YEARS
S/O.MATHEW,NOW WORKING AS HASA (ENGLISH),
ST.GEORGE HIGHER SECONDARY SCHOOL,
MUTHALAKODAM, THODUPUZHA
12 DEEPTHY PAUL, AGED 37 YEARS
W/O. JINS JOSE, NOW WORKING AS LPST,
F.M.U.P.S.,MALIPPARA, KOTHAMANGALAM
13 JIJO G.KOCHUPURA, AGED 38 YEARS
S/O.GEORGE, NOW WORKING AS HST (MATHS),
S.R.H.S ,PAYNKULAM, THODUPUZHA
BY ADV. SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA, JAGATHY,
THIRUVANANTHAPURAM,PIN-695 005
3 DISTRICT EDUCATIONAL OFFICER,
THODUPUZHA,PIN-685 584
4 ASSISTANT EDUCATIONAL OFFICER,
THODUPUZHA,PIN-685 584
5 ASSISTANT EDUCATINAL OFFICER,
KOTHAMANGALAM, PIN-686 691
6 CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF KOTHAMANGALAM, PIN-686 691
BY SRI.P.M.MANOJ-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 29001/20
3
JUDGMENT
The petitioners are stated to have been
appointed as teachers in various categories,
in the academic years 2007-08 and 2010-11,
against additional division vacancies
available in their respective schools, managed
by the same Corporate Educational Agency.
2. The petitioners say that, however,
Government had issued an order bearing number
GO(P)No.317/2005/G.Edn. dated 17.08.2005
imposing a ban on all appointments for that
period; and consequently, that approval to
their appointments from the initial dates were
declined, though they have been approved with
effect from 01.06.2011, by including them in
the 'Teachers' Package', which was brought
into effect through a subsequent Government
Order.
3. The petitioners say that, however,
subsequently, the Government issued
WPC 29001/20
GO(P)No.10/10/G.Edn. dated 12.01.2010 lifting
the ban, but imposing a condition that the
Manager of the School will have to execute a
bond to the effect that he will appoint equal
number of protected teachers as number of
appointments made during the said period.
4. The petitioners say that since the
Manger did not execute a bond in terms of the
aforementioned Government Order and since he
has filed a Special Leave Petition against
another judgment of this Court with respect to
the aforementioned Government Order dated
12.01.2010 - whereby, the Educational
Authorities are directed to deem that Managers
have executed such a bond - the competent
Authorities have refused to grant them
approval.
5. The petitioners contend that, on
account of Exts.P16 and P19 Government Orders
and subsequent amendment to the Kerala
WPC 29001/20
Education Rules (KER for short), execution of
a bond in terms of GO(P)No.10/10/G.Edn is a
futile exercise and that competent Authorities
must, therefore, approve their appointments
without insisting on such a bond.
6. I have heard Sri.Paulson Thomas -
learned counsel for the petitioners; the
learned Senior Government Pleader -
Sri.P.M.Manoj and Sri.K.T.Thomas - learned
counsel appearing for the 6th respondent-
Manager.
7. When I go through the materials
available on record and the pleadings made by
the parties, it is without doubt that approval
of the appointment of the petitioners from the
date of their initial appointments has been
held up solely on account of the fact that the
Manager of the schools in question had not
executed a bond in terms of
GO(P)No.10/10/G.Edn. dated 12.01.2010.
WPC 29001/20
However, it has been well-settled by this
Court, through a catena of judgments, that in
such cases the Educational Authorities are
bound to deem that the Manager had executed
such a bond and to grant approval to the
teachers.
8. Of course, Sri.K.T.Thomas - learned
counsel for the Manager submitted that his
client does not accept the judgments of this
Court and that he has approached the
Honourable Supreme Court by filing an SLP; but
this by itself, does not enable the competent
Authorities to disregard the judgments of this
Court, since it is well-settled that merely
because an SLP is pending, it is no reason
that the directions issued by this Court to be
not complied with, unless they are interdicted
by the Honourable Supreme Court. Since it is
conceded that there is no such interdiction
issued by the Honourable Supreme Court until
WPC 29001/20
now, it is apodictic that the Educational
Authorities must comply with those directions.
9. Perhaps, discerning my mind as afore,
the learned Senior Government Pleader
submitted that if this Court is so inclined,
the competent Educational Authorities, namely
respondents 3 to 5, are willing to hear the
parties as also the Manager and to take an
appropriate decision on their claims for
approval with effect from the date of their
initial appointment, subject to the decision
to be taken by the Honourable Supreme Court.
In the afore circumstances, I order this
writ petition and direct respondents 3 to 5 to
reconsider the proposals for approval of the
petitioners, to the extent to which they claim
the said benefit from the initial dates of
their appointments after affording them, as
also the 6th respondent-Manager an opportunity
of being heard - either physically or through
WPC 29001/20
video conferencing - thus culminating in an
appropriate order thereon, as expeditiously as
is 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, respondents 3 to 5 will be at
liberty to deem, subject to the version of the
Manager, that he has executed a bond in terms
of GO(P)No.10/10/G.Edn. dated 12.01.2010.
It goes without saying that the afore
directions will be subject to the orders to be
issued by the Honourable Supreme Court in the
SLP, which is stated to have been filed by the
Manager against certain earlier judgments of
this Court.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 29001/20
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVAL ORDER
DATED 21.12.2011 OF THE 1ST
PETITIONER
EXHIBIT P2 TRUE COPY OF THE APPROVED
APPOINTMENT ORDER OF THE 2ND
PETITIONER DATED 16.12.2011
EXHIBIT P2A TRUE COPY OF THE APPOINTMENT ORDER
OF THE 2ND PETITIONER
W.E.F.02.06.2008
EXHIBIT P3 TRUE COPY OF THE APPROVED
APPOINTMENT ORDER GRANTING APPROVAL
BY ORDER DATED 21.12.2011 IN RESPECT
OF 3RD PETITIONER
EXHIBIT P4 TRUE COPY OF THE APPROVED
APPOINTMENT ORDER GRANTING APPROVAL
W.E.F. 01.06.2011 DATED 16.12.2011
IN RESPECT OF PETITIONER NO.4
EXHIBIT P4A TRUE COPY OF THE APPOINTMENT ORDER
W.E.F. 02.06.2008 IN RESPECT OF
PETITIONER NO.4
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER
W.E.F.01/06/2009 IN RESPECT OF
PETITIONER NO.5
EXHIBIT P5A TRUE COPY OF THE APPROVED
APPOINTMENT ORDER GRANTING APPROVAL
ON 27.09.2011 IN RESPECT OF
APPOINTMENT DATED 01.06.2011 OF THE
5TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE APPROVED
APPOINTMENT ORDER DATED 01.06.2011
OF THE 6TH PETITIONER
EXHIBIT P6A TRUE COPY OF THE ORIGINAL
APPOINTMENT ORDER DATED 01.06.2009
OF THE 6TH PETITIONER
WPC 29001/20
EXHIBIT P7 TRUE COPY OF THE APPROVED
APPOINTMENT ORDER GRANTING APPROVED
BY ORDER DATED 21.12.2011 IN RESPECT
OF APPOINTMENT OF 7TH PETITIONER
EXHIBIT P8 TRUE COPY OF THE ORIGINAL
APPOINTMENT AS HAS (MAHTS) W.E.F.
01.06.2010 OF 8TH PETITIONER
EXHIBIT P8A TRUE COPY OF THE APPROVAL GRANTED
W.E.F. 01.06.2011 BY ORDER DATED
23.10.2012 AS UPSA IN RESPECT OF
PETITIONER NO.8
EXHIBIT P9 TRUE COPY OF THE ORIGINAL
APPOINTMENT ORDER W.E.F. 04.06.2007
IN THE ADDITIONAL DIVISION VACANCY
OF PETITIONER NO.9
EXHIBIT P9A TRUE COPY OF THE APPROVED
APPOINTMENT W.E.F.01.06.2010 DATED
07.04.2011 OF PETITIONER NO.9
EXHIBIT P10 TRUE COPY OF THE APPROVED
APPOINTMENT W.E.F.01.06.2011 DATED
21.12.2011 OF PETITIONER NO.10
EXHIBIT P11 TRUE COPY OF THE ORIGINAL
APPOINTMENT ORDER OF PETITIONER
NO.11 W.E.F.26.06.2009 IN THE
ADDITIONAL DIVISION VACANCY
EXHIBIT P11A TRUE COPY OF THE APPROVED
APPOINTMENT ORDER W.E.F. 01.06.2011
DATED 07.12.2011 OF PETITIONER NO.11
EXHIBIT P12 TRUE COPY OF THE APPOINTMENT ORDER
W.E.F. 02.06.2008 OF PETITIONER
NO.12
EXHIBIT P12A TRUE COPY OF THE APPROVED
APPOINTMENT ORDER OF PETITIONER
NO.12 W.E.F 01.06.2011 DATED
19.01.2012
EXHIBIT P13 TRUE COPY OF THE APPOINTMENT ORDER
OF PETITIONER NO.13.W.E.F.
01.06.2009
WPC 29001/20
EXHIBIT P13A TRUE COPY OF THE APPROVED
APPOINTMENT ORDER W.E.F. 01.06.2011
DATED 11.10.2011 OF PETITIONER NO.13
EXHIBIT P14 TRUE COPY OF GO)P) NO.10/2020/G.EDN
DATED 12.01.2010
EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN WPC
NO.5192/2018 DATED 08.03.2018
EXHIBIT P16 TRUE COPY OF THE RELEVANT PART OF
G.O(P) NO.5192/2018 DATED 08.03.2011
EXHIBIT P17 TRUE COPY OF THE AMENDMENT AS PER
SRO NO.485/2014 DATED 11.08.2014
EXHIBIT P18 TRUE COPY OF G.O(P)
NO.213/2015/G.EDN DATED 06.08.2015
EXHIBIT P19 TRUE COPY OF G.O(P) NO.29/2016/G.EDN
DATED 29.01.2016
EXHIBIT P20 TRUE COPY OF THE KER AMENDMENT AS
PER SRO NO.752/2016 G.O(P)
N.199/2016/G.EDN DATED 03.12.2016
