Reshma Markose vs State Of Kerala
2023 Latest Caselaw 10810 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO. 39629 OF 2016
PETITIONER:

          RESHMA MARKOSE
          AGED 33 YEARS, W/O.JOLLY P.VARGHESE,
          UPPER PRIMARY SCHOOL ASSISTANT,
          ST.MARY'S HIGH SCHOOL, KOMBANAD,
          KRARIYELI, ERNAKULAM DISTRICT.

          BY ADVS.
          SRI.V.A.MUHAMMED
          SRI.M.SAJJAD



RESPONDENTS:

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

    2     THE DIRECTOR OF PUBLIC INSTRUCTIONS
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          ERNAKULAM AT KAKKANAD-682030.

    4     THE DISTRICT EDUCATIONAL OFFICER
          KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.

    5     THE MANAGER
          ST.MARY'S HIGH SCHOOL, KOMBANAD-683546,
          KRARIYELI, ERNAKULAM DISTRICT.

          SRI. VENUGOPAL, GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39629 OF 2016
                                     2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.39629 of 2016
                --------------------------------------------
                Dated this the 19th day of October, 2023

                              JUDGMENT

The writ petition has been filed being aggrieved by Ext.P7 order,

whereby the approval of the appointment of the petitioner has been

rejected for the reason that the Manager has not executed a bond.

This Court has in several judgments held that in such situations, it

should be deemed that a bond has been executed (see judgments in

W.P.(C) No.35602/2019 and W.A.No.2290/2015).

In the above circumstances, this writ petition is allowed. Exts.P1

& P7 are quashed. Ext.P2 to the extent it declines approval from

08.06.2009 to 31.05.2011 is also set aside. There will be a direction

to the 4th respondent to approve the appointment of the petitioner

from 08.06.2009 to 31.05.2011 and grant the attendant benefits, at

the earliest, at any rate, within two months from the date of receipt of

a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 39629 OF 2016

APPENDIX OF WP(C) 39629/2016

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.B1-

3667/2009/L.DIS. DATED 26/10/2009 OF THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER AND APPROVAL THEREOF DATED 08/06/2009.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/3670/09/D.DIS.

DATED 28/07/2009 OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.16337/2009 DATED 09/07/2010.

EXHIBIT P4(A) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.6039/2012 -D DATED 18/02/2015.

EXHIBIT P4(B) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.15998/2015-Y DATED 28/07/2015.

EXHIBIT P4(C) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.35215/2014-B DATED 05/10/2016.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.60930/J2/11/G.EDN. DATED 25/10/2011 OF THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 09/05/2014.

EXHIBIT P7 TRUE COPY OF THE G.O.(RT) NO.5142/2014/G.EDN. DATED 20/11/2014 OF THE GOVERNMENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.2290 OF 2015 DATED 25.07.2017

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.35602/2019 DATED 14.02.2022.