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High Court of KeralaWP(C)/24097/2015disposed of

B.L.Shajina v. State Of Kerala

2015-08-10Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 24097 of 2015 (J) ---------------------------- PETITIONER(S):

-------------------------- B.L.SHAJINA AGED 34 YEARS PADINJARA VEEDU, POONATH PO, KOZHIKODE DISTRICT , PIN- 673 614 BY ADVS.SRI.ASOK M.CHERIAN SRI.T.R.RENJITH SRI.R.ROHITH SRI.K.JANARDHANA SHENOY SRI.V.N.RAJAPPAN SRI.V.K.PRASAD RESPONDENT(S):

---------------------------- 1.

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA GENERAL EDUCATION (E) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001 2.

THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001 3.

THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERI KOZHIKODE DISTRICT - 673 573 4.

THE MANAGER, CHAKKALAKKAL HIGH SCHOOL MADAVOOR, PADANILAM PO, KOZHIKODE DISTRICT - 673 571 R BY GOVERNMENT PLEADER, SMT. LOWSY A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24097 of 2015 (J) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- ---------------------------------------- EXT.P1 TRUE COPY OF THE ORDER DATED 17.11.2005 ISSUED BY THE 4TH RESPONDENT APPOINTING PETITIONER AS HSA AGAINST LEAVE VACANCY.

EXT.P2 TRUE COPY OF THE ORDER DATED 05.06.2006 OF THE 4TH RESPONDENT APPOINTING PETITIONER AS H.S.A FOR A PERIOD FROM 05.06.2006 TO 31.10.2010.

EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT STATE, DATED 18.10.2010, EXTENDING THE LEAVE GRANTED TO MR.M.ABOOBACKER.

EXT.P4 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 28.08.2006 APPOINTING PETITIONER AGAINST A REGULAR VACANCY. EXT.P5 TRUE COPY OF GO(P)No.10/10/G.EDN DATED 12.01.2010 EXT.P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT , DATED 12.11.2012. EXT.P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 27.10.2014.

EXT.P8 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA DATED 18.02.2015 IN WP(C) No.4643 OF 2012 AND CONNECTED CASES.

EXT.P9 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN WP(C) No.32727 OF 2011, DATED 15.06.2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 24097 of 2015 ===================================================== Dated this the 10th day of August, 2015

JUDGMENT

The petitioner, who was appointed as H.S.A (English) in the school under the management of the 5th respondent, is aggrieved by Ext.P7 order, by which the appointment of the petitioner to a vacancy in the school with effect from 28.08.2006 to 31.05.2011, was not approved stating non compliance with the requirements of G.O.(P) No.10/10/G.Edn. dated 12.01.2010.

Counsel for the petitioner would rely on Ext.P8 judgment of this Court, where, in similar circumstances, considering the case of persons who were appointed prior to the G.O.(P) No.10/10/G.Edn. dated 12.01.2010, it was held that the Government Order imposing a condition on the Manager to execute a bond can apply only to vacancies that arose subsequent to the date of the G.O., and in cases where the appointment was prior to the date of the G.O., the manager was to be treated as having executed the bond undertaking to appoint protected teachers, and the appointment of the persons appointed prior to the date of the Government Order was to be approved by the educational authority with effect from the date of appointment, and consequent salary and other allowances paid to them. The case of the petitioner being identical

-2W.P.(C). No. 24097 of 2015 to that of the persons dealt with in Ext.P8 judgment, I dispose the writ petition, in the light of Ext.P8 judgment, by directing the respondents to approve the appointment of the petitioner with effect from the date of his appointment, and to disburse the salary and other allowances due to him, within a period of three months from the date of receipt of a copy of this judgment. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das