Kerala High Court
The State Of Kerala vs The State Of Kerala on 4 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WA.No.1047 OF 2017
AGAINST THE JUDGMENT IN WPC 5706/2013 DATED 24-11-2016 OF HIGH
COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4 IN WP(C):
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENTGENERAL
EDUCATION DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM PIN-695001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURMA PIN-695014
3 THE DEPUTY DIRECTOR OF EDUCATION
THRISSUR AT AYYANTHOLE PIN-680003
4 THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD PIN-680506, THRISSUR
BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
RESPONDENTS/PETITIONER & 5TH RESPONDENT IN WP(C):
1 V.K. STELLA,W/O. JACOB, FORMERLY UPPER PRIMARY SCHOOL
ASSISTANT,HIGH SCHOOL, THIRUVALAYANNUR, KALLUR
VADAKKEKKADPIN-679562, THRISSUR (RESIDING AT
CHAKRAMAKKIL, MANIKATHUPADI, GURUVAYUR),
2 THE MANAGER,HIGH SCHOOL THIRUVALAYANNUR, KALLUR
VADAKKEKKAD PIN-679562, THRISSUR
R1 BY ADV. SRI.V.A.MUHAMMED,R.RAJASEKHARAN NAIR(B/O)
R1 BY ADV. SRI.M.SAJJAD
R2 BY ADV. SRI.K.JAJU BABU (SR.)
R2 BY ADV. SMT.M.U.VIJAYALAKSHMI
R2 BY ADV. SRI.BRIJESH MOHAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-03-2021, THE
COURT ON 04-03-2021 DELIVERED THE FOLLOWING:
W.A.No.1047/2017 2
JUDGMENT
A.K. Jayasankaran Nambiar, J
The State is in appeal against the judgment dated 24.11.2016 of the
learned Single Judge in W.P.(C)No.5706/2013. The brief facts necessary for
disposal of the Writ Appeal are as follows:-
2. The Writ Petitioner was appointed as a UPSA with effect from
7.7.2006 in the High School, Thiruvalayannur, Thrissur District to an
additional post that was sanctioned in the Staff fixation for the Academic
Year 2006-2007. When the appointment order was forwarded to the
District Educational Officer for approval, the same was rejected by Ext.P2
order dated 18.1.2007 on the ground that the appointment of the writ
petitioner was made during the period when there was a ban on
appointments by virtue of the Government Order dated 17.8.2005. The
Manager of the school, therefore, preferred an appeal before the Deputy
Director of Education, which was rejected by Ext.P4 order dated
8.10.2007. A further revision before the Director of Public Instruction also
did not meet with any success and the same was rejected by the said
authority. The Manager, therefore, preferred a further revision before the
Government, which also came to be rejected by Ext.P9 order dated
16.3.2009. The said Government Order was impugned by the writ
petitioner in the writ petition on the contention that the mere fact that the
Manager had not executed a bond as required in the
G.O.(P)No.10/10/G.Edn. Dated 12.01.2010, that was subsequently issued to
get over the impasse created by the ban on appointments, could not be a
reason to deny approval of the appointment of the writ petitioner.
3. The learned Single Judge, who considered the matter, found
that, by G.O.(P)No.10/10/G,Edn. dated 12.01.2010, the ban on
appointments that earlier held the field was lifted on condition that the
Manager would submit an undertaking before the educational authorities
that the next arising vacancies would be filled by appointing protected
teachers. The learned Single Judge also took note of other writ petitions
that were disposed by this Court by holding that the approval of the
teachers who were appointed during the ban period could be granted by
deeming that the Manager had undertaken to appoint the protected hands
as provided in G.O.(P)No.10/10/G,Edn. Dated 12.01.2010 and directing the
educational authorities to approve the appointment of the teachers
concerned on the said basis.
4. In the appeal before us, the contention of the learned
Government Pleader is essentially that granting approval to the
appointment of the writ petitioner would result in the writ petitioner being
accommodated against a post that never existed in the school. It is her
submission that, against three vacancies that existed during the Academic
Year in question, the Manager of the school had appointed about five
teaches and under such circumstances, the appointment of the writ
petitioner cannot be approved.
5. On a consideration of the said submission of the learned
Government Pleader, we find that this was not an issue urged before the
educational authorities, Government or the writ Court. It has to be noticed
that the denial of approval to the appointment of the writ petitioner was
only on the ground that the appointment had been made during a period
when there was a ban order in force at the instance of the Government. It
is not in dispute that subsequently, the Government itself permitted the
approval of those appointments made during the ban period subject to
certain conditions being fulfilled by the Manager of the schools concerned.
In the instant case, we are told that the Manager has since executed a
bond in compliance with the requirements of G.O.(P)No.10/10/G,Edn.
dated 12.01.2010. Under the circumstances, we are of the view that the
points urged in the Writ Appeal for the first time cannot be a reason to
refuse approval to the appointment of the writ petitioner any longer. Thus,
while dismissing the Writ Appeal as devoid of merit, we direct the
appellants to approve the appointment of the writ petitioner as UPSA in
the school with effect from 7.7.2006 within six weeks from the date of
receipt of a copy of this judgment and to disburse the consequential
monetary benefits due to the writ petitioner within three months
thereafter.
We also make it clear that, if it comes to the notice of the
educational authorities that protected teachers are not being appointed in
the school pursuant to the undertaking given by the Manager of the school
in connection with G.O.(P)No.10/10/G,Edn. Dated 12.01.2010, it will be
open to the Government to initiate proceedings against the Manager for
non-compliance with the undertaking.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
sd/-
GOPINATH P.
JUDGE
acd
