A.Hannath v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 18104 of 2012 (K) ---------------------------- PETITIONER(S):
-------------------------- A.HANNATH AGED 32 YEARS HIGH SCHOOL ASSISTANT (HINDI) LAJNATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL ALAPPUZHA (RESIDING AT KARAKKAD HOUSE NORTH OF VETTAKARAN JUNCTION, VALIYAKULAM WARD ALAPPUZHA DISTRICT-688012).
BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S):
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1. THE 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 ALAPPUZHA, ALAPPUZHA DISTRICT-688001.
4. THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA DISTRICT-688001.
5. THE MANAGER LAJNATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL ALAPPUZHA-688001.
R3 BY ADV. GOVERNMENT PLEADER SMT M J RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18104 of 2012 (K) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1.
TRUE COPY OF THE APPOINTMENT ORDER DATED 15.09.2003 AND APPROVAL THEREOF DATED 2.6.2006.
EXHIBIT-P2.
TRUE COPY OF THE G.O.(RT.) NO.3776/2006/G.EDN.DATED 24.8.2006 OF THE GOVERNMENT.
EXHIBIT-P3.
TRUE COPY OF THE G.O.(P) NO.178/02/G.EDN.DATED 28.6.2002 OF THE GOVERNMENT.
EXHIBIT-P4.
TRUE COPY OF THE DECISION REPORTED IN I.L.R.2011 (3) KER.890 DATED 4.8.2011.
EXHIBIT-P5.
TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 26.8.2011.
EXHIBIT-P6.TRUE COPY OF THE LETTER NO.12460/E1/2012/G.EDN.DATED 17.3.2012 OF THE GOVERNMENT.
EXHIBIT P7: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 7.8.2015 RESPONDENTS' EXHIBITS :NIL
K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 18104 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2015
J U D G M E N T
The petitioner was appointed as H.S.A (Hindi)in the 5th respondent School from 15.09.2003. While approving the petitioner's appointment by Ext.P1 the approval was granted only from 01.02.2006 based on G.O(P) No.46/2006/G.Edn dated 01.02.2006. In the counter affidavit dated 30.11.2015, the Government has stated that during 2003-2004, the academic year in which the petitioner was appointed there were two H.S.A (Hindi) remaining as protected in the Revenue District. The respondent school being a new school, the school had to appoint a protected teacher to the vacancy arising in the school; is the contention.
2. Even the counter affidavit does not disclose the educational authority having given a list of protected teachers or at least the name of protected teachers to the Manager of the respondent school. In such circumstance, State of Kerala v.
WPC.No.18104/2012 : 2 :
Nadeera [2013 (2) KLT 89] applies squarely. The Division Bench of this Court considering the issue of appointment of protected teachers and rejection of approval on failure to do so, had specifically found that the Manager's did not have any obligation to seek for and get the list of protected teachers. The educational authority ought to have forwarded the list of protected teachers and only in such circumstance could the approval be declined if a protected teacher was not appointed.
3. Herein the counter affidavit does not disclose any such contention. The writ petition would stand allowed. Ext.P1 approval shall relate back to 15.09.2003 on which date the petitioner was appointed to a regular vacancy. Necessary orders shall be passed and the salary disbursed within a period of four months from the date of receipt of a certified copy of this judgment.
Writ petition allowed. No costs.
Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge