Manager vs State Of Kerala
2021 Latest Caselaw 12410 Ker

WP(C).No.11223 OF 2021(C)              1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                      WP(C).No.11223 OF 2021(C)


PETITIONER:

               MANAGER, EBENEZER HIGHER SECONDARY SCHOOL.
               VEETTOOR, NELLAD P.O,
               MUVATTUPUZHA, ERNAKULAM - 686669.

               BY ADVS.
               SRI.K.JAJU BABU (SR.)
               SMT.M.U.VIJAYALAKSHMI
               SRI.BRIJESH MOHAN

RESPONDENTS:

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

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

      3        THE DEPUTY DIRECTOR OF EDUCATION
               CIVIL STATION, KAKKANAD P.O,
               ERNAKULAM - 682030.

               GOVT.PLEADER SMT. VINITHA B

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11223 OF 2021(C)                   2




                                 JUDGMENT

Dated this the 11th day of May 2021

Admit. Government Pleader takes notice for the respondents.

2. The petitioner is the Manager of an aided school. The

petitioner submits that 9 protected teachers were deployed to the

petitioner's High school and they were given appointments on

various dates between 30.7.2018 and 19.8.2019, as per orders

issued by the 3rd respondent. The details of such appointments of

the deployed teachers have been shown in Exhibit P1. According to

the petitioner, as per Exhibits P2 to P4, in deviation of the

Government decisions relating to appointment of protected

teachers, the Government has permitted the Managers to furnish

an affidavit/undertaking agreeing to make future appointment

from the teacher's bank, instead of making actual appointment

during the period 2016-17 to 2019-20. In the above

circumstances, the petitioner submits that he has made Ext.P5

representation before the 1st respondent, requesting to extend the

benefits contained in Exhibits P2 to P4 to the petitioner as well.

According to the petitioner, benefits have been extended even to

Managers who failed to actually make appointments of protected

hands and since the petitioner had faithfully implemented the

Government directions and appointed protected hands as evident

from Exhibit P1, there is no reason to deny the benefits of Exhibit

P2 to P4 to the petitioner. The petitioner has moved this writ

petition seeking early disposal of Exhibit P5, before the beginning

of the next academic year.

3. Having considered the submissions made by the

counsel for the petitioner and having heard the Government

Pleader, this Writ petition is disposed of directing the 1 st

respondent to consider and pass orders on Exhibit P5, after

providing an opportunity of hearing to the petitioner either in

person or virtually, within one month from the date of receipt of a

certified copy of the judgment.

Writ Petition is disposed of as above.

SD/-

T.R.RAVI, JUDGE

dsn

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STATEMENT CONTAINING THE DETAILS OF DEPLOYED TEACHERS ALONG WITH PARTICULARS OF APPOINTMENT ORDERS AND THEIR JOINING DATES.

EXHIBIT P2 TRUE COPY OF THE G.O(P) NO.4/2021/G.EDN DATED 6.2.2021 ISSUED BY THE GOVERNMENT.

EXHIBIT P3 TRUE COPY OF THE CLARIFICATION LETTER NO. J2/87/2020/G.EDN DATED 25.02.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.

H2/19500/2019/D.G.E DATED 26.2.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 3.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.