Dinesh Kumar N vs State Of Kerala
2021 Latest Caselaw 20828 Ker

WP(C) NO. 21167 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                     WP(C) NO. 21167 OF 2021
PETITIONER/S:

    1     DINESH KUMAR N,
          AGED 47 YEARS,
          UPSA, VILAYATTUR ELAMPILAD MUP SCHOOL, MEPPAYUR POST,
          KOZHIKODE DISTRICT 673 524.

    2     SANI P.
          AGED 43 YEARS,
          UPSA, VILAYATTUR ELAMPILAD MUP SCHOOL, MEPPAYUR POST,
          KOZHIKODE DISTRICT 673 524.

    3     LINSA L.S.,
          AGED 42 YEARS,
          UPSA, VILAYATTUR ELAMPILAD MUP SCHOOL, MEPPAYUR POST,
          KOZHIKODE DISTRICT 673 524.

          BY ADV POOVAMULLE PARAMBIL ABDULKAREEM



RESPONDENT/S:

    1     STATE OF KERALA
          REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
          GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM 695 014.

    3     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, VATAKARA,
          KOZHIKODE DISTRICT 673 101.
 WP(C) NO. 21167 OF 2021           2

    4     ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MELADY,
          KOZHIKODE DISTRICT 673 522.

    5     MANAGER,
          VILAYATTUR ELAMPILAD MUP SCHOOL, MEPPAYUR POST,
          KOZHIKODE DISTRICT 673 524.




          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21167 OF 2021                    3

                                 JUDGMENT

The petitioners state that they are the teachers working in the Upper

Primary School in Vilayattur Elampilad MUP School, Meppayur, with effect from

04.06.2007, 05.06.2007 and 01.07.2008 respectively. It is contended that the

Government had, as per G.O (P) No.317/2005/G.Edn. sated 17.8.2005, imposed

a ban on the appointment of teachers and non-teaching staff in additional

division vacancies. Later, by G.O.(P) No.10/10/G.Edn. dated 12.1.2010, the ban

on appointments was lifted subject to certain conditions. One among the

conditions was that the Managers should execute a consent letter undertaking

that in future vacancies, protected teachers equal to the number of teachers,

appointed to the additional division vacancies during the period 2006-07 to 2009-

10, would be appointed. The 5th respondent failed to execute the bond as

required in the Government Order. Thereafter the Government issued G.O.(P)

No.199/2011/G.Edn dated 01.06.2011 approving the recommendations for

implementation of the comprehensive teacher's package for appointment of

deployed/protected teachers. According to the petitioners, teachers who are

similarly placed as the petitioners had approached this Court and by Exhibit P13

judgment a Division Bench of this Court had occasion to hold that in case of

non-execution of the bond by the Managers, it should be deemed that bonds

have been executed and the Managers would be obliged to make an equal

number of appointments when the appointments to additional vacancies made

during the ban period are approved. The petitioners also rely on Exhibit P15

Government Order dated 6/2/2021, as per which the Government has ordered

that the appointments made by managers without following the conditions in

GO(P)No.10/10 dated 12/1/2010 shall also be approved subject to the outcome

of the SLP pending before the Hon'ble Supreme Court. In the light of the above,

the petitioners approached the 1st respondent and submitted separate revision

petitions as is evident from Exhibits P16, P17 and P18. It is in the afore

circumstances that the petitioners are before this Court seeking the following

reliefs:-

(i) to issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass final orders on Exts.-P16 to P18 revision petitions as expeditiously as possible in the light of Ext.P13 judgment and Exts.P14 & P15 Government Order.

(ii) to issue a writ of certiorari to set aside denial of approval in Exts.P1, P4 and P7 as it is illegal and unjustifiable.

(iii) to issue a writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to approve the appointment of the 1st petitioner as UPSA with from 04.06.2007 to 31.05.2009, from 05.06.2007 to 31.05.2010 as UPSA of the 2nd petitioner and from 01.07.2008 to 31.05.2010 as Assistant Teacher of the 3rd petitioner and to disburse all consequential monetary benefits due to them forthwith.

(iv) to declare that the petitioners are entitled to get approval to their respective posts in the light of Ext.P13 judgment and Exts.P14 & P15 Government orders."

2. Sri.P.P.Abdul Kareem, the learned counsel appearing for the petitioners

submitted that the limited request of the petitioners is for a direction to the 1st

respondent to consider Exhibits P16 to P18 in the light of the law laid down by

this Court.

3. I have heard the learned Government pleader.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I

am of the view that the petitioners are entitled to succeed.

1. There will be a direction to the 1st respondent to take up, consider

and dispose of Exts.P16 to P18 revision petitions in the light of

Ext.P13 judgment and Exts.P14 and P15 Government Orders, as per

procedure and in strict adherence to the provisions of law. An

opportunity of being heard, either physically or virtually, shall be

afforded to the petitioners or their authorised representatives and

the Manager.

2. While considering the revision petitions, the 1st respondent may

deem that the Manager executed the bond and also that they would

be obliged to make appointments from the list of protected hands to

the number of appointments approved during the ban period.

Needless to mention, the order passed as aforesaid would be subject

to the final orders to be rendered by the Hon'ble Supreme Court in

the petition filed by the Managers.

3. Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of production

of a copy of this judgment.

4. The petitioners shall produce a copy of the writ petition along with

the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 21167/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 4/6/2007 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF ORDER BEARING NO.K.DIS.B5/8590/08 DATED 28/4/2008 THUS ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2009 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 5/6/2007 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE ORDER BEARING NO.B6/8733/07/K.DIS. DATED 24/3/2008 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2010 ISSUED BY THE 5TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/7/2008 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER.

Exhibit P8 TRUE COPY OF THE ORDER BEARING NO.K.DIS.

B/3390/08 DATED 14/11/08 THUS ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER NO.K.DIS.B5-8589/09 DATED 28/4/2009 ISSUED BY THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER DATED 22/11/2008 ISSUED BY THE 5TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER DATED

1/6/2010 ISSUED BY THE 5TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE STAFF FIXATION ORDER DATED 1/7/2008 FOR THE ACADEMIC YEAR 2008-09 ISSUED BY THE 4TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT.

Exhibit P14 TRUE COPY OF THE CIRCULAR BEARING NO.100/J2/2017/G.EDN. DATED 11/9/2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P15 TRUE COPY OF THE G.O.(P) NO.4/2021/G.EDN.

DATED 6/2/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P16 TRUE COPY OF THE REVISION PETITION DATED 15/9/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P17 TRUE COPY OF THE REVISION PETITION DATED 20/1/2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P18 TRUE COPY OF THE REVISION PETITION DATED 15/9/2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 14/9/2021 IN WP(C) NO.16903/2021 PASSED BY THIS HON'BLE COURT.

RESPONDENT (S) EXHIBITS: NIL