Subair v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 ---------------------------- PETITIONER(S):

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1. SUBAIR, AGED 34 YEARS KIZHAKKEPARAMBIL, JUNIOR LANGUAGE TEACHER (HINDI) MMETHS, MELMURI, MELMURI.P.O.-676517.

2. MOOSA MUSTHAJIB, AGED 32 YEARS H.S.A. (DRAWING), MMETHS, MELMURI MELMURI.P.O.-676517.

3. RESITINA.K.A., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

4. KHALID.K., AGED 32 YEARS H.S.A.(PHYSICAL SCIENCE), MMETHS, MELMURI MELMURI.P.O.-676517.

5. MUNEER.C.T., AGED 33 YEARS H.S.A.(PET), MMETHS, MELMURI MELMURI.P.O.-676517.

6. SAIFUDHEEN.T.M., AGED 32 YEARS JUNIOR LANGUAGE TEACHER (HINDI), MMETHS, MELMURI MELMURI.P.O.-676517.

7. RAMLA.T.P., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

8. UMMU HABEEBA, AGED 33 YEARS JUNIOR LANGUAGE TEACHER (ARABIC), MMETHS, MELMURI MELMURI.P.O.-676517.

CONTD .. 2..

.. 2 ..

9. SREERANJINI.K.R., AGED 34 YEARS H.S.A (NEEDLE), MMETHS, MELMURI MELMURI.P.O.-676517.

10. SUVARNA.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

11. JASEENA BACKER.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

12. ASHIQ.P., AGED 34 YEARS UPSA (PET), MMETHS, MELMURI MELMURI.P.O.-676517.

13. UMMER.C.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

14. SHAMEENA.P., AGED 34 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

15. SHARAFUNNEESA.K.M., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

16. SINDHU SUNDAR.T.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

17. SHAMEEMA.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

18. MUHAMMED YONUS.N.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

19. FEBIN.K., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

CONTD .. 3 ..

.. 3 ..

20. DEEPA.M., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

21. JAMEELA.V.K., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

22. MUHAMMED ASHRAF.C., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

23. SHABEER.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

24. MOHAMMED SHEREEF.N., AGED 33 YEARS H.S.A. (ENGLISH), MMETHS, MELMURI MELMURI.P.O.-676517.

25. CICI JOSEPH, AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

26. NASEERA.O.P., AGED 33 YEARS H.S.A.(PHYSICAL SCIENCE), UPSA, MMETHS MELMURI, MELMURI.P.O.-676517.

27. BAVA CHEROOR, AGED 35 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

28. ABOOBACKER SIDDEQ, AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.

BY ADVS.SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.C.Y.VINOD KUMAR CONTD .. 4 ..

.. 4 ..

RESPONDENT(S):

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

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001.

3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 676 505

4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 676505

5. THE MANAGER, MMETS, MELMURI, MELMURI.P.O.-676517.

R1-R4 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1(A-AB):

COPY OF THE ORDER DATED 27.12.11 ISSUED BY DEO APPROVING APPOINTMENT OF PETITIONERS.

EXT.P2:

COPY OF THE GOVERNMENT LETTER NO.53646/E2/12/G.EDN. DATED 24.3.14.

RESPONDENT(S)' EXHIBITS:

NIL // TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.27503 of 2014 - K ====================== Dated this the 15th day of October, 2015

J U D G M E N T

The petitioners are before this Court claiming approval of their appointments from the respective date of their initial appointments.

2. The appointments are evidenced by Exhibit P1 series, which were approved by the District Educational Officer [for brevity "DEO"], by virtue of G.O(P) No. 199/2011/G.Edn. dated 01.10.2008 and Circular No.H2/35970/DPI dated 13.12.2011; but only w.e.f 01.06.2011. By Ext.P2, the revision filed before the Government for getting the approval from the date of their respective appointments were rejected.

3. In any event, even if the school is liable to have appointed a protected hand, the issue with respect to such appointment was considered elaborately in State of Kerala v. Nadeera [2013 (2) KLT 88], wherein it was clearly found that the Circulars of 2002 and 2006 mandated that list of protected

W.P.(C) No.27503 of 2014 - K hands be forwarded by the AEO concerned to the DDE, which lists should be made available to the Managers and in such circumstance, the Managers would have no choice or option but to appoint such protected teachers. Even the schools which are presumed to be new establishments or newly upgraded, who had executed such agreements, would not have any information as to the protected teachers; which information would be only available with the Educational Authorities under the KER. It was categorically held that, it was mandatory on the part of the Department to maintain such list and the management could be found fault with only if such lists were forwarded to such managements and there is an appointment made in violation of the stipulation in the Circulars. It is to be emphasized that the Division Bench had specifically held that there should be intimation of such list of protected teachers to the Managers of the Schools; and the mere existence of the list would not persuade this Court to deviate from the facts and law as declared in Nadeera (supra).

W.P.(C) No.27503 of 2014 - K

4. It is also pertinent that on a similar question, where there was no protected teacher available in the sub district, a learned Single Judge of this Court in Moosakutty v. D.E.O., Wandoor [2009 (3) KLT 863] allowed the claim of the teacher and directed grant of approval of appointment.

5. In the circumstances, the petitioners are entitled to succeed and the writ petition is allowed, setting aside Exhibit P2 order. Exhibit P1 series orders of the 1st respondent, to be modified granting approval to the petitioner's appointment from the date of their respective appointment. The 1st respondent shall disburse the salary/arrears of salary, if any, within a period of three months from the date of receipt a certified copy of this judgment.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB/16 /10 /2015 // true copy // P.A to Judge