Jaseela K vs State Of Kerala
2023 Latest Caselaw 8436 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                         WP(C) NO.10329 OF 2022
PETITIONER :-

             JASEELA K., AGED 43 YEARS
             ARABIC TEACHER, KUTTIKATTOOR ALP SCHOOL,
             KUTTIKATTOOR, KOZHIKODE DISTRICT - 673 008.

             BY ADV POOVAMULLE PARAMBIL ABDULKAREEM


RESPONDENTS :-

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

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

     3       ASSISTANT EDUCATIONAL OFFICER,
             OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
             KOZHIKODE RURAL, KOZHIKODE DISTRICT - 673 001.

     4       MANAGER,
             KUTTIKKATTOOR ALP SCHOOL, KUTTIKKATTOOR P.O.,
             KOZHIKODE DISTRICT - 673 008.

     5       HEADMASTER,
             KUTTIKKATTOOR ALP SCHOOL, KUTTIKKATTOOR P.O.,
             KOZHIKODE DISTRICT - 673 008.

             SRI.SUNIL KUMAR KURIAKOSE, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.08.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.10329 OF 2022

                                     -: 2 :-


                                 JUDGMENT

Dated this the 7th day of August, 2023

This writ petition is filed seeking the following reliefs :-

"(i) To issue a writ of certiorari or any other appropriate writ or order quashing Exts.P2 & P9 and to the extent denial of approval from the date of appointment in Ext.P1 as it is illegal and unjustifiable.

(ii) 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 Arabic Teacher Full Time from 02/6/2008 onwards in ALP School, Kuttikkattoor and to direct to disburse all consequential monitory benefits due to her forthwith.

(iii) To declare that the petitioner is entitled to get her approval as done in Exts.P6 & P10 judgments."

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 a reading of Ext.P9 order of the Government would make it

clear that there was a clear additional division vacancy to appoint

the petitioner in the year 2008-'09 and that the Director of General

Education has reported that the petitioner's appointment could

have been approved had the Manager submitted a bond as provided

in G.O.(P) No.10/10/G.Edn dated 12.1.2010. The learned counsel

for the petitioner submits that in identical situations, even where WP(C) NO.10329 OF 2022

the Managers had not submitted the bond, appointments have been

directed to be approved from the initial date of appointment itself

deeming that such bonds had been duly executed by the Managers.

Exts.P10 judgment and Ext.P11 Government Order according

approval on the basis of deeming of bond having been submitted by

the Manager is relied on by the learned counsel for the petitioner.

It is submitted that since there was clear established vacancy as on

the date of appointment of the petitioner, the petitioner's

appointment is liable to be approved from the initial date of

appointment itself deeming that the Manager had submitted due

bonds.

4. I notice that notice had been ordered to respondents 4

and 5 as early as on 25.3.2022 and respondents 4 and 5 have signed

the notice issued by this Court and service is complete. In the

above factual situation and in view of Exts.P10 and P11, I am of the

opinion that the petitioner is also entitled to the reliefs as sought

for.

There will, accordingly, be a direction to the respondents

to approve the appointment of the petitioner as Arabic Teacher (Full

Time) with effect from 2.6.2008 deeming that the Manager has

submitted the bond as required by G.O.(P) No.10/10/G.Edn dated

12.1.2010. Appropriate action shall be taken to approve the WP(C) NO.10329 OF 2022

appointment of the petitioner within a period of two months from

the date of receipt of a copy of this judgment. The monetary

benefits found due shall be disbursed within a period of three

months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.8.2023 WP(C) NO.10329 OF 2022

APPENDIX OF WP(C) 10329/2022

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 2/6/2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER O. K. DIS 2132/08 DATED 14/01/2008 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D.DIS/2192/08/C DATED 31/102/2008 FOR THE ACADEMIC YEAR 2008-09 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO. L.DIS. C/2626/2012 DATED 25/07/2012 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER NO. 60930/J2/G.EDN.

DATED 25/10/2011 ISSUED BY THE IST RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A. NO. 2592/2015 PASSED BY THIS HONBLE COURT.

Exhibit P7 TRUE COPY OF THE REVISION PETITION DATED 22/2/2020 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 12/03/2020 IN WPC NO. 7619/2020 ISSUED BY THIS HONBLE COURT.

Exhibit P9 TRUE COPY OF THE G.O. (RT) NO. 3196/2020/GN.EDN DATED 01/12/2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17/2/2021 IN WPC NO. 220/2021 ISSUED BY THIS HONBLE COURT.

Exhibit P11 TRUE COPY OF THE G.O. (P) NO. 4/2021/G.EDN.

DATED 06/02/2021 ISSUED BY THE IST RESPONDENT.