High Court of KeralaWP(C)/18453/2013disposed of

M.S. Saji v. The State Of Kerala

2015-07-30Honourable Dr. Justice A.K.Jayasankaran Nambiar7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 18453 of 2013 (F) --------------------------------------- PETITIONER(S):

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1. M.S. SAJI, LOWER PRIMARY SCHOOL ASSISTANT MMM LOWER PRIMARY SCHOOL, EAST KALKULAM P.O KARAPPURAM, MALAPPURAM DISTRICT

2. DHANYA JOHN LOWER PRIMARY SCHOOL ASSISTANT MMM LOWER PRIMARY SCHOOL, EAST KALKULAM P.O KARAPPURAM, MALAPPURAM DISTRICT

3. RETHI K.M, LOWER PRIMARY SCHOOL ASSISTANT MMM LOWER PRIMARY SCHOOL, EAST KALKULAM P.O KARAPPURAM, MALAPPURAM DISTRICT

4. RAKHI P, LOWER PRIMARY SCHOOL ASSISTANT MMM LOWER PRIMARY SCHOOL, EAST KALKULAM P.O KARAPPURAM, MALAPPURAM DISTRICT

5. REEJA VARGHESE LOWER PRIMARY SCHOOL ASSISTANT MKMM LOWER PRIMARY SCHOOL, VELUMPIUMPADAM P.O BHOODANAM COLONY, WAYANAD DISTRICT 673579

6. SAJNA A LOWER PRIMARY SCHOOL ASSISTANT MKMM LOWER PRIMARY SCHOOL, VELUMPIUMPADAM P.O BHOODANAM COLONY, WAYANAD DISTRICT 673579

7. LIJISHA K.P LOWER PRIMARY SCHOOL ASSISTANT MKMM LOWER PRIMARY SCHOOL, VELUMPIUMPADAM P.O BHOODANAM COLONY, WAYANAD DISTRICT 673579

8. SONIA JACOB, LOWER PRIMARY SCHOOL ASSISTANT MKMM LOWER PRIMARY SCHOOL, VELUMPIUMPADAM P.O BHOODANAM COLONY, WAYANAD DISTRICT 673579 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 DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT 679328

4. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT 679320

5. THE MANAGER, MMM LOWER PRIMARY SCHOOL AND MKMM LOWER PRIMARY SCHOOL EAST KALKULAM P.O, KARAPPURAM MALAPPURAM DISTRICT 679331 R1-R4 BY ADV. GOVERNMENT PLEADER, SMT. LOWSY A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18453 of 2013 (F) --------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER DATED 03-10-2006 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 08-01-2007 OF THE ASSISTANT EDUCATIONAL OFFICER (IST PETITIONER) EXHIBIT P3 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 02-02-2007 (IST PETITIONER) EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 27-07-2011 EXHIBIT P5 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE 2ND PETITIONER DATED 03-10-2006 EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 08-01-2007 (2ND PETITIONER) EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 05-02-2007 (2ND PETITIONER) EXHIBIT P8 TRUE COPY OF THE G.O (RT) NO 210/2012/G.

EXHIBIT P18 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 13-11-2009 EXHIBIT P19 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 30-09-2010 (6TH PETITIONER) EXHIBIT P19(A) TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 30-09-2010 (6TH PETITIONER) EXHIBIT P20 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 31-03-2011(6TH PETITIONER) EXHIBIT P21 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH PETIKTIONER DATED 01-06-2010 EXHIBIT P22 TRUE COPY OF THE ORDER OF THE 4TH REPSONDENT DATED 30-09-2010 (7TH PETITIONER) EXHIBIT P23 TRUE COPY OF THEORDER OF THE 3RD RESPONDENT DATED 01-03-2011 (7TH PETITIONER) EXHIBIT P24 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER DATED 01-06-2010 EXHIBIT P25 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED ' 30-09-2010 EXHIBIT P25(A) TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED ' 30-09-2010 (8TH PETITIONER) EXHIBIT P26 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 01-03-2011 (8TH PETITIONER) EXHIBIT P27 TRUE COPY OF THE BOND EXECUTED BY THE MANAGER DATED 27-07-2010 EXHIBIT P28 TRUE COPY OF THE DECISION REPORTED IN 2013(2) KHC 103 DATED 19.

02.2013.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 18453 of 2013 ===================================================== Dated this the 30th day of July, 2015

JUDGMENT

The petitioners, who were appointed against additional anticipated divisional vacancies in the school under the management of the 5th respondent, approached this Court aggrieved by the denial of approval to their appointments, on the ground that the manager of the school had not executed a bond undertaking to appoint protected teachers in the school as required by GO(P) No.10/10/G.Edn. dated 12.01.2010. By Ext.P8 order of the Government, the Assistant Educational Officer was directed to approve the appointments of the petitioners, if otherwise eligible and to report the action to the Government before 31.01.2012.

The said order was passed by the Government after taking note of the fact that the 5th respondent manager had already executed a bond, and had also deployed a protected teacher provided by the Deputy Director of Education, who had since joined the school. The facts in the writ petition would disclose that pursuant to Ext.P8 order of the Government, directing approval of the appointment of the petitioners except petitioners 1 and 2, the 4th respondent passed Exts.P1, P5, P10, P12, P15, P18, P21 and P24 orders approving the appointment of the petitioners from 01.06.2011 onwards, although they had been appointed on various dates before that.

-2W.P.(C). No. 18453 of 2013 challenge in the writ petition against the aforementioned orders of the 4th respondent is to the extent it denies approval for the period from the date of joining of the petitioners in their posts till 01.06.2011.

A counter affidavit has been filed on behalf of the 4th respondent, wherein at paragraph 3, it is stated that the petitioners had been granted approval to their appointment, on daily wages till the end of the academic year and on regular basis with effect from 01.06.2011 onwards, in the light of GO.(Rt.) No.210/12/G.Edn., dated 12.01.2012. It is further stated that as per the GO(P) No.199/11/G.Edn. Dated 01.10.2011, it was clarified that in all cases of appointments, approval can be given with effect from 01.06.2011, and the prior service before the current year would be reckoned in line with the proposed amendment of the Kerala Education Rules. It is this stand of the respondent that forms the basis of the orders passed by the 4th respondent, that are impugned in the writ petition.

I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

-3W.P.(C). No. 18453 of 2013 On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that the issue involved in the writ petition is now covered in favour of the petitioners by the decision of this Court in Nadeera v. State of Kerala, [2011 (3) KLT 790] and Nair Service Society v. State of Kerala [2013 (4) KLT 921], wherein this Court found that if the appointment of the petitioners was to a vacancy, that enured for more than one year, and continued in the following academic year, then the appointee to the said vacancy could be paid salary on the regular scale, as opposed to daily wages.

Taking note of the said decisions, therefore, I allow the writ petition with a direction to the 4th respondent to approve the appointment of the petitioners in the school with effect from the dates of their appointment in the school. The 4th respondent shall do the needful and pass consequential orders and disburse the salary and other emoluments flowing from the said approval to the petitioners, within a period of three months from the date of receipt of a copy of this judgment.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das