Siby Sebastian vs State Of Kerala
2021 Latest Caselaw 8044 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                       WP(C).No.4641 OF 2021(E)


PETITIONER:

               SIBY SEBASTIAN
               AGED 45 YEARS
               VETTUVALAYALIL HOUSE, POONAJAR, KOTTAYAM-686581,
               (PRESENTLY WORKING AS HSA (SOCIAL SCIENCE) IN MES
               HIGHER SECONDARY SCHOOL, MANNARKAD-678582).

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        ASSISTANT EDUCATION OFFICER,
               MANJESHWAR AT UPPALA, KASARAGOD DISTRICT-671323.

      4        MANAGER,
               AJI AUP SCHOOL, PARAKOTTA, P.O. UPPALA,
               KASARAGOD DISTRICT-671322.

      5        HEAD MASTER,
               AJI AUP SCHOOL, PARAKOTTA, P.O. UPPALA,
               KASARAGOD DISTRICT-671322.

               SMT.NISHA BOSE- G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4641 OF 2021

                                          2



                                  JUDGMENT

Dated this the 9th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 3 rd respondent to implement Ext.P9 order dated 05/02/2020 issued by the 1 st respondent by granting approval and consequential benefits as expeditiously as possible.

ii) To issue a writ of certiorari to quash Ext.P10 order dated 05/01/2021 issued by the 3rd respondent and to the extent denial of approval in Ext.P1 as it is illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 3 rd respondent to approve the appointment of the petitioner as UPSA from 4/6/2007 to 29/04/2010 and to disburse all consequential monitory benefits due to him forthwith.

iv) To declare that the petitioner is entitled to get approval to the post in the light of Exts.P6 Judgment & P9 Government order."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

pursuant to the directions issued by this Court, Ext.P9 order had been

issued by the Government directing the approval of the petitioner's

appointment with effect from 04.06.2007, deeming that the Manager WP(C).No.4641 OF 2021

had executed bond in terms of G.O.(P).No.10/10/G.Edn. dated

12.01.2010. However, by Ext.P10 order, the AEO has rejected the

approval for the period from 04.06.2007 onwards on the ground that

the Manager has not executed bond.

4. The learned Government Pleader, on instructions, submits that

Ext.P10 appears to have been passed on a mistaken assumption that

the submission of the bond by the Manager is required even in the

light of Ext.P9 order which directs the approval deeming that the

bond has been executed.

5. Having considered the contentions advanced on both sides, I

find that the finding contained in Ext.P10 that the Manager has not

executed the bond and that therefore the petitioner's appointment

from 04.06.2007 cannot be approved is completely untenable in the

light of the specific direction contained in Ext.P9 order. Ext.P10 order,

which is clearly vitiated for want of application of mind and for non

compliance with Ext.P9 is therefore set aside. There will be a direction

to the 3rd respondent to comply with Ext.P9 Government Order and to

approve the appointment of the petitioner from 04.06.2007 to WP(C).No.4641 OF 2021

29.04.2010. Appropriate orders shall be passed within a period of three

weeks from the date of receipt of a copy of this judgment. The

amounts due to the petitioner on account of the approval shall also be

calculated and disbursed within a period of two months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.4641 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 04/06/2007 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REJECTION ORDER DATED 10/03/2008 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO. C/1108/2010(1) DATED 09/02/2011 OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 19/11/2011 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.

60930/J2/G./EDN. DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 26/07/2017 IN WA NO.2592/2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 22/07/2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 06/08/2019 IN WPC NO.21451/2019 ISSUED BY THIS HON'BLE COURT.

EXHIBIT P9 TRUE COPY OF THE GO(RT) NO.651/2020/G.EDN.

DATED 05/02/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE CONSEQUENTIAL ORDER NO. C-

1184/2020/K.DIS. DATED 05/01/2021 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL