P. NISHA v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-21. P. NISHA v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C). No. 8615 OF 2012(B) P. NISHA W/O. ANIL KUMAR, PATTIYIL HOUSE, ERAVU P. O, THRISSUR DISTRICT-680 620 H. S. A PHYSICAL SCIENCE, HIGH SCHOOL, ARIMPUR. BY ADV. SRI. BIJU ABRAHAM STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 020. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 020. HIGH SCHOOL AMP HIGHER SECONDARY SCHOOL, ARIMPUR, ST. THERASAS SHIP CHURCH, ERAVU P. O. , ARIMPUR, THRISSUR, 680 620. REPRESENTED BY ITS MANAGER. JINCY P. GEORGE, D/O. GEORGE P. P, AGED 31 YEARS, HIGHER SECONDARY SCHOOL TEACHER – CHEMISTRY, HIGHER SECONDARY SCHOOL, ARIMPUR, THRISSUR DISTRICT (*R6 IS IMPLEADED AS PER ORDER DATED 29. 10. 2015 IN I. A NO.
12366/2015) R1 BY GOVERNMENT PLEADER R1, R5 BY ADV. DR. GEORGE ABRAHAM R1 BY ADV. SRI. LINDONS C. DAVIS PRESENT: SRI P. M MANOJ GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21. 12. 2020, ALONG WITH WP(C). 8575/2012(V), WP(C). 19042/2014(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). 19042/2014 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C). No. 8575 OF 2012 PETITIONER: SMITHA. T. F. W/O. JOBY GEORGE, AGED 31 YEARS, KULANGARA HOUSE, ERAVU. P. O, THRISSUR DISTRICT - 680 620, H. S. A MATHEMATICS, HIGH SCHOOL, ARIMPUR. BY ADV. SRI. BIJU ABRAHAM RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION THRISSUR - 680 020.
4 THE DISTRICT EDUCATIONAL OFFICER THRISSUR - 680020 5 HIGH SCHOOL AND HIGHER SECONDARY SCHOOL ARIMPUR, ST. THERASAS SHIP CHURCH, ERAVU. P. O, ARIMPUR, THRISSUR -680 020, REPRESENTED BY ITS MANAGER. *6 BREEMI THOMAS AGED 30 YEARS D/O. THOMAS, HIGHER SECONDARY SCHOOL TEACHER - MATHEMATICS, HIGHER SECONDARY SCHOOL, ARIMBUR, THRISSUR DISTRICT. WP(C). 19042/2014 *ADDL. R6 IMPLEADED AS PER ORDER DATED 16. 09. 2015 IN IA-12994/15. R1 BY GOVERNMENT PLEADER R1 BY ADV. SRI. KURIAN GEORGE KANNANTHANAM SR. R1 BY ADV. SRI. LINDONS C. DAVIS R1 BY ADV. SRI. TONY GEORGE KANNANTHANAM R5 BY ADV. SRI. KURIAN GEORGE KANNANTHANAM (SR. ) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21. 12. 2020, ALONG WITH WP(C). 8615/2012(B), WP(C). 19042/2014(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). 19042/2014 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C). No.
19042 OF 2014 PETITIONER: SHYNY T. Y. W/O. P. C. JOY, AGED 40 YEARS PUTHUR HOUSE, ARIMPUR - 680 620, H. S. A BIOLOGY (NS), HIGH SCHOOL, ARIMPUR. BY ADV. SRI. BIJU ABRAHAM RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM- 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER THRISSUR - 680 020. 4 THE MANAGER HIGH SCHOOL & HIGHER SECONDARY SCHOOL, ARIMPUR, ST. THERASAS SHIP CHURCH, ERAVU P. O. , ARIMPUR, THRUSSUR - 680 620. R1 BY ADV. SRI. KURIAN GEORGE KANNANTHANAM SR. R1 BY ADV. SRI. TONY GEORGE KANNANTHANAM R4 BY ADV. SRI. KURIAN GEORGE KANNANTHANAM (SR. ) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21. 12. 2020, ALONG WITH WP(C). 8575/2012(V), WP(C). 8615/2012(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).
19042/2014 JUDGMENT These writ petitions are filed seeking approval of appointment of the petitioners herein with effect from the date of their initial appointments. 2. Heard the learned counsel for the petitioners and the learned Government Pleader as well as the learned Senior Counsel appearing for the Manager. 3. It is submitted by the learned counsel for the petitioners that though the petitioners were appointed against regular posts on several dates from 2006 to 2010-11. The appointments have been approved only with effect from 01. 06. 2011 on the ground that the Manager had not submitted the bond agreeing to appoint protected teachers in half of such vacancies.
It is submitted by the learned counsel for the petitioners that the issue now stands covered by judgment of this Court wherein it has been held that deeming that the bond is executed by the Manager, appointments made against additional division vacancies can be approved with effect from the date of effect of such appointments. WP(C). 19042/2014 4. The learned Senior Counsel appearing for the respondent Manager submits that the Manager has made consequential appointments in other posts including that of HSST and that such appointments also stand approved. It is, therefore, contended that the approval of the appointments of the petitioners with effect from the date of their initial appointments is likely to give rights to claim with regard to posts against which appointments have already been made by the Manager and have been approved. It is further submitted that the Manager has challenged the provision in G. O. (P). No. 10/10. G. Edn. Dated 12. 1.
2010 by which the Manger had been required to make appointments in the additional division vacancies in the ratio of 1:1 and that the issue is pending before the Apex Court. 5. The learned Government Pleader submits that it is on account of non appointment of protected teachers in the ratio of 1:1 and the refusal on the part of the Manager to submit the bond that the appointment has been approved only from 01. 06. 2011. WP(C). 19042/2014 6. Having heard the learned counsel on all sides, I am of the opinion that since the petitioners had been appointed against additional division vacancies and since this Court has several decisions held that such appointments can be approved deeming that the Manager has submitted a bond, such directions are liable to be issued in this case as well. 7.
There will, accordingly, be a direction to the respondents to approve the appointments of the petitioners with effect from the date of initial appointment deeming that the Manager had submitted the bond to set apart vacancies for appointment of protected teachers. However, this shall be subject to the orders to be passed by the Apex court in the SLP filed by the Manger. Further, it is made clear that the claim of the petitioners with regard to any appointment in any other post is left open to be decided in appropriate proceedings and is not the subject matter of this writ petition. Orders shall be passed by the Educational Authorities approving the appointments of the petitioners from the initial dates of appointment within a period of two months from the date of WP(C). 19042/2014 receipt of a copy of this judgment. The attendant benefits shall also be calculated and released within a period of two months thereafter. These writ petitions are disposed of accordingly.
Sd/- ANU SIVARAMAN JUDGE Bng/22. 12. 2020 APPENDIX OF WP(C) 8615/2012 PETITIONER'S EXHIBITS: A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BY THE 5TH RESPONDENT DATED 01. 06. 2009. A TRUE COPY OF THE GOVERNMENT ORDER DATED 12. 01. 2010. A TRUE COPY OF THE GOVERNMENT ORDER DATED 25. 10. 2011 ADDRESSED TO THE 2ND RESPONDENT WITH THE RELEVANT PAGES OF TEACHERS INCLUDING PETITIONER'S NAME. A TRUE COPY OF THE ORDER DATED 12. 12. 2011 OF THE 2ND RESPONDENT WITH RELEVANT PAGES SHOWING THE NAME OF THE PETITIONER'S. A TRUE COPY OF THE ORDER DATED 23. 01. 2012 OF THE 4TH RESPONDENT. A TRUE COPY OF THE JUDGMENT IN W. A. NO. 931/2016 DATED 24. 07. 2017 OF THIS HON'BLE COURT A TRUE COPY OF THE RECENT GOVERNMENT ORDER DATED 16. 02. 2018 A TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 6039/2012 DATED 18. 02. 2015 A TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 29689/2016 DATED 14. 10.
2020 OF THIS HON'BLE APPENDIX OF WP(C) 8575/2012 PETITIONER'S EXHIBITS: A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BY THE 5TH RESPONDENT DATED 01. 06. 2009. A TRUE COPY OF THE GOVERNMENT ORDER DATED 12. 01. 2010. A TRUE COPY OF THE GOVERNMENT ORDER DATED 25. 10. 2011 ADDRESSED TO THE 2ND RESPONDENT WITH THE RELEVANT PAGES OF TEACHERS INCLUDING PETITIONER'S NAME. A TRUE COPY OF THE ORDER DATED 12. 12. 2011 OF THE 2ND RESPONDENT WITH RELEVANT PAGES SHOWING THE NAME OF THE PETITIONER'S. A TRUE COPY OF THE ORDER DATED 23. 01. 2012 OF THE 4TH RESPONDENT. A TRUE COPY OF THE JUDGMENT IN W. A. NO. 931/2016 DATED 24. 07. 2017 OF THIS HON'BLE COURT A TRUE COPY OF THE RECENT GOVERNMENT ORDER DATED 16. 02. 2018 A TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 6039/2012 DATED 18. 02. 2015 A TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 29689/2016 DATED 14. 10.
2020 OF THIS HON'BLE APPENDIX OF WP(C) 19042/2014 PETITIONERS EXHIBITS: A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BY THE 4TH RESPONDENT DATED 15/9/06. A TRUE COPY OF THE GOVERNMENT ORDER DATED 12/01/2010. A TRUE COPY OF THE GOVERNMENT ORDER DATED 25/10/2011 ADDRESSED TO THE 2ND RESPONDENT WITH THE RELEVANT PAGES OF TEACHERS INCLUDING PETITIONER'S NAME. A TRUE COPY OF THE ORDER DATED 12/12/2011 OF THE 2ND RESPONDENT WITH RELEVANT PAGES SHOWING THE NAME OF THE PETITIONER'S A TRUE COPY OF THE ORDER DATED 23/01/2012 OF THE 3RD RESPONDENT. A TRUE COPY OF THE CERTIFICATE DATED 14/8/2008 FOR THE BASIC TRAINING BY THE STATE TRAINING COMMISSIONER (GUIDES) TO THE PETITIONER. A TRUE COPY OF THE CERTIFICATE DATED 7/12/2008 FOR THE ADVANCE TRAINING BY THE STATE TRAINING COMMISSIONER (GUIDES) TO THE PETITIONER.
A TRUE COPY OF THE WARRANT OF APPOINTMENT AS GUIDE CAPTAIN TO THE PETITIONER BY THE STATE COMMISSIONER (G) OF THE KERALA STATE BHARAT SCOUTS AND GUIDES TO THE 4TH RESPONDENT'S SCHOOL DATED 18/6/2009. A TRUE COPY OF THE STAFF FIXATION ORDER DATED 17/05/2014 FOR THE YEAR 2013-14 OF THE 3RD RESPONDENT IN RESPECT OF 4TH RESPONDENT'S SCHOOL. A TRUE COPY OF THE JUDGMENT IN W. A. NO. 931/2016 DATED 24. 07. 2017 OF THIS HON'BLE COURT WP(C). 19042/2014 EXHIBIT P11 A TRUE COPY OF THE RECENT GOVERNMENT ORDER DATED 16. 02. 2018 EXHIBIT P12 A TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 6039/2012 DATED 18. 02. 2015
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.