Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.25950 OF 2018(P) PETITIONER/S: B.SREEJA WIFE OF A.DEEPAKUMAR,AGED 34 YEARS,UPPER PRIMARY SCHOOL ASSISTANT,REPUBLICAN VOCATIONAL HIGHER SECONDARY SCHOOL,P.O.KONNI,PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHARUPAM -695 001 2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY,THIRUVANANTHARUPAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT TIRUVALLA-689101. 4 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-689101. 5 THE MANAGER REPUBLICAN VOCATIONAL HIGHER SECONDARY SCHOOL,P.O.KONNI,PATHANAMTHITTA DISTRICT-689691. OTHER PRESENT: SRGP.SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 30th day of June 2020 .
The petitioner, who was appointed as per Ext.P1 order
as UPSA under the 5th respondent with effect from 05.06.2006, is aggrieved by the denial of approval for the period from 05.06.2006. It is stated that her appointment in Ext.P1 was against an additional division vacancy for the year 2006-07 and approval was rejected on account of the ban existed against appointments in additional division vacancies. She was granted approval from 01.06.2011 only on
introduction of teacher's package. Seeing that several similarly situated persons appointed during the period of ban were granted approval, the petitioner also submitted a Revision Petition-Ext.P12. By Ext.P13 the Government ordered that since validity to G.O.(P) No.10/10/G.Edn dated 12.01.2010 is pending consideration of the Supreme Court in appeal, the petitioner's appointment cannot be given approval with effect from the date on which she was appointed ie. 05.06.2006.
2. This Court has in a series of cases held that even :3: in cases where Managers have not executed the bond as prescribed in the aforesaid Government Order, educational authorities can approve the appointment deeming that Managers have executed the bond. Therefore, petitioner's appointment is liable to be approved deeming that the
Manager has executed the bond. It will be open to the educational authorities to enforce the provisions contained in G.O.(P) No.10/10/G.Edn dated 12.01.2010 as against the Manager. Therefore Ext.P13 order is set aside. There shall be a direction to the 4th respondent to issue revised orders approving the appointment of the petitioner with effect from 05.06.2006 and grant her all consequential benefits within a period of four months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of accordingly. Sd/- P.V.ASHA rkc JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2006 EXHIBIT P2 TRUE COPY OF THE ORDER NO.B3-5626/06 DATED 07.11.2006 OF THE DISTRICT EDUCATIONAL OFFICER
EXHIBIT P3 TRUE COPY OF THE ORDER
NO.B4/18399/06/L.DIS.DATED 28.2.2007 OF THE DEPUTY DIRECTOR
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.ET3/50481/2007/DPI/D.DIS.DATED 13.9.2007 OF THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 5.6.2006 AND APPROVAL THEREON EXHIBIT P6 TRUE COPY OF THE ORDER NO.H2/35920/11/DPI DATED 12.12.2011 OF THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE G.O.(P)NO.10/2010/G.EDN. DATED 12.01.2010 OF THE GOVERNMENT EXHIBIT P8 TRUE COPY OF THE STAFF FIXATION ORDER 2006- 2007 DATED 25.10.2006
EXHIBIT P9 TRUE COPY OF THE ORDER
N.K.DIS.B3/16815/2011 DATED 10.01.2012 OF THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE JUDGJMENT IN W.P. (C)NO.16337/2009-J DATED 9.7.2010 EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.6039/2012-D DATED 18.02.2015 EXHIBIT P12 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 25.08.2017 EXHIBIT P13 TRUE COPY OF THE G.O(RT)NO.1885/2018/G.EDN DATED 23.05.2018 OF THE GOVERNMENT EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN W.A.NO.2290/2015 DATED 25.07.2017 OF THE GOVERNMENT EXHIBIT P15 TRUE COPY OF THE ORDER NO.B4/8039/16/K.DIS DATED 07.06.2017 OF TH DEO,THIRUVALLA.