Hasif Mon K.M vs State Of Kerala
2021 Latest Caselaw 19602 Ker

WP(C) NO. 16357 OF 2021           1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                       WP(C) NO. 16357 OF 2021
PETITIONERS:

    1     HASIF MON K.M.
          UPPER PRIMARY SCHOOL TEACHER, AMUP SCHOOL,
          MUNDUPARAMBA, MALAPPURAM DISTRICT.

    2     KRISHNAKUMAR P.V.
          LOWER PRIMARY SCHOOL TEACHER, AMUP SCHOOL,
          MUNDUPARAMBA, MALAPPURAM DISTRICT.

    3     SALEEMA THORAPPA
          ARABIC TEACHER, AMUP SCHOOL, MUNDUPARAMBA,

          MALAPPURAM DISTRICT.

    4     FEMINA K.
          LOWER PRIMARY SCHOOL TEACHER, AMUP SCHOOL,
          MUNDUPARAMBA, MALAPPURAM DISTRICT.

    5     SHAKKEELA M.
          LOWER PRIMARY SCHOOL TEACHER, AMUP SCHOOL,
          MUNDUPARAMBA, MALAPPURAM DISTRICT.

    6     NADEERA K.
          LOWER PRIMARY SCHOOL TEACHER, AMUP SCHOOL,
          MUNDUPARAMBA, MALAPPURAM DISTRICT.

          BY ADVS.
          K.T.SHYAMKUMAR
          HARISH R. MENON
          K.N.ABHA
          A.G.PRASANTH
          K.S.SREEJA



RESPONDENTS:

    1     STATE OF KERALA
          REP. BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
 WP(C) NO. 16357 OF 2021        2

    2     THE ASSISTANT EDUCATIONAL OFFICER
          MALAPPURAM, PIN - 676 505.

    3     THE MANAGER, AMUP SCHOOL
          MUNDUPARAMBA, MALAPPURAM DISTRICT, PIN - 676 509.




          SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16357 OF 2021                 3

                                   JUDGMENT

The petitioners state that they are teachers appointed in the AMUP

School, Munduparamba, an aided school under the management of the 3rd

respondent. Their grievance is that their appointment has been approved only

with effect from 01.06.2011 under the Teachers Package Scheme and not from

the initial date of appointment. Narrating their grievance the petitioners are

stated to have preferred Ext.P10 revision petition before the 1st respondent.

Their solitary request is for expeditious consideration of Ext.P10 in the light of

the law laid down by this Court in Ext.P7 to P9 judgments rendered by this

Court wherein it was held that in appropriate cases, the authority can proceed

as though the Manager had executed the bond as stipulated by the Government

order dated 12.01.2010.

2. I have heard Sri.K.T.Shyam Kumar, the learned counsel appearing

for the petitioner and Sri.Bijoy Chandran, the learned Senior Government

Pleader.

3. 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 this writ petition can be disposed of by issuing the

following directions:

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

consider and pass appropriate orders on Ext.P10 as per

procedure and in strict adherence to the provisions of law, after

affording an opportunity of being heard, either physically or

virtually, to the petitioners herein or their authorised

representatives as well as the 3rd respondent.

b) It is made clear that the Government shall be free to deem if

the petitioners so qualify that the manager had executed a bond

as stipulated in G.O.(P) No.10/10/G.Edn dated 12.01.2010.

c) 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.

d) It would be open to the petitioners to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 16357/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 16/7/2007 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 16/7/2007 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/7/2009 ISSUED BY THE MANAGER.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/10/2009 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 29/10/2009 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 10/6/2010 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6A TRUE COPY OF THE APPOINTMENT ORDER DATED 10/11/2010 ISSUED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 29/11/2017 IN WPC NO.9904/2015.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 25/7/2017 IN WA NO.2290/2017.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 2/11/2018 IN WPC NO.21071/2018.

Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED 19/7/2021 PENDING BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL