High Court of KeralaSingle JudgeDisposed of

Jisha M. and Arun Kumar K.P. v. State of Kerala and Others

Case / Petition Number:WP(C) NO. 26313 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • RAJA VIJAYARAGHAVAN V
Judgment Date
2021-11-23
Court Decision / Holding
The writ petition is disposed of with directions: (a) The 1st respondent to take up revision petitions (Exhs. P9 and P10) with notice to the petitioners and the 5th respondent and decide expeditiously, within three months; (b) If GO 10/10/G.Edn. applies, the Managers would be deemed to have executed the bond and would be obliged to make appointments from the protected list equal to the number of appointments approved during the ban; the pendency of petitions before the Supreme Court shall not be a ground to deny benefits; (c) Petitioners may produce copies of the writ petition and judgment before the concerned respondent for further action. The writ petition is disposed of.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Jisha M.
  • Arun Kumar K.P.

Respondents

  • State of Kerala represented by Secretary to Government, Department of General Education, Government Secretariat, Thiruvananthapuram
  • Director of General Education, Office of the Director of General Education, Jagathy, Thiruvananthapuram
  • District Educational Officer, Office of the District Educational Officer, Kozhikode
  • Assistant Educational Officer, Office of the Assistant Educational Officer, Kozhikode Rural, Puthiyara Post, Kozhikode
  • Manager, Perumanna ALP School, Perumanna, Kozhikode District

Legal Representation & Advocates

Counsels for Petitioners

  • • Poovamulle Parambil Abdul Kareem
  • • K.N.Kumaraswamy Sarma

Counsels for Respondents

  • • Sri Bijoy Chandran, Sr Government Pleader

Case Synopsis & Summary

The petitioners, Jisha M. and Arun Kumar K.P., are teachers (LPSAs) at Perumanna ALP School who commenced service in 2008 and 2010 respectively. Their appointments were later regularised with effect from 1.6.2011 by including them in the teacher’s package, under the regime governing protected/ deployed teachers during the period of a freezing ban on appointments. They approached the Court seeking directions to the first respondent to consider their revision petitions (Exhs. P9 and P10). The Government contends that appointments in “additional division vacancies” were to be apportioned 1:1, and if a protected teacher’s appointment was not made as per G.O.(P) 10/10/G.Edn. (12.01.2010), then the manager should have executed a bond to ensure compliance with the order. It is argued that the 5th respondent did not execute the bond, and that several managers have challenged the GO before the Supreme Court. The petition asserts that precedent judgments hold that bonds can be deemed executed even in the absence of an actual bond, obliging managers to appoint from the protected list. The Court disposed the petition by directing the Government to consider the revision petitions within three months, and to determine, in light of G.O.(P) 10/10, whether bonds are to be deemed executed and appointments counted accordingly, while noting pending Supreme Court proceedings. The order also preserves the petitioners’ right to furnish judgments for action. The decision is subject to Apex Court outcomes.

Provisions of Law Cited

G.O.(P) No.317/2005/G.Edn., dated 17.8.2005G.O.(P) No.10/10/G.Edn., dated 12.1.2010G.O.(P) No.199/2011/G.Edn., dated 01.06.2011G.O.(P) NO. 4/2021/G.EDN., dated 06/02/2021

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that their appointments fell during the ban period and were later regularised under the comprehensive teacher’s package. They rely on judicial directions that have, in prior cases, treated bonds as deemed executed when managers failed to execute them, thereby obliging conversion/approval from the protected-teacher list. They urge the revision petitions (Exts. P9 and P10) be considered with retroactive effect, deeming bonds to have been executed and allowing recruitment from the protected list, subject to the final outcome of pending Supreme Court litigation.

Contentions of Respondents

The Government pleader submits that appointments in additional division vacancies must be apportioned 1:1 and that managers should have executed bonds under GO 10/10; some challenges to GO 10/10 are before the Supreme Court. The first respondent should decide eligibility for GO 10/10 benefits and, if applicable, reckon bonds as executed and ensure appointments from the protected list in proportion to those approved during the ban; pending Supreme Court decisions should not derail grant of benefits.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of Kerala and Ors. v. V.S.Suma Devi and Ors.W.A.No.2111/2015PositiveDivision Bench held that non-execution of the bond by Managers should be deemed to have been executed, obliging equal appointments from the protected list; the present court relies on this precedent to support deemed bond execution.
W.A. No. 2592/2015W.A.No.2592/2015Mentioned OnlyExhibit P6 contains a judgment in W.A. No. 2592/2015; it is referenced to illustrate the court’s approach but is not explicitly relied upon in the reasoning.
WPC 21167/2021WPC NO. 21167/2021Mentioned OnlyExhibit P11 cites a judgment in WPC 21167/2021; referenced as background, not a basis for the decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) NO. 26313 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **TUESDAY, THE 23[RD] DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943** ## **WP(C) NO. 26313 OF 2021** ## **PETITIONERS:** 1 JISHA M., AGED 43 YEARS L.P.S.A. PERUMANNA ALP SCHOOL, PERUMANNA, KOZHIKODE 673 026. 2 ARUN KUMAR K.P., AGED 31 YEARS L.P.S.A. PERUMANNA ALP SCHOOL, PERUMANNA KOZHIKODE 673 026. BY ADVS. POOVAMULLE PARAMBIL ABDULKAREEM K.N.KUMARASWAMY SARMA ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673 004. 4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE RURAL, PUTHIYARA POST, KOZHIKODE-673 004. 5 MANAGER, PERUMANNA ALP SCHOOL, PERUMANNA, KOZHIKODE DISTRICT 673 026. **WP(C) NO. 26313 OF 2021** **2** SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 26313 OF 2021** **3** ## **JUDGMENT** The petitioners are teachers working as LPSAs in Perumanna AMLP School with effect from 03.06.2008 and 1.06.2010 respectively. Their appointments were approved only with effect from 1.6.2011 by including them in the teacher’s package. Being aggrieved, the petitioners are stated to have preferred Exts.P9 and P10 revision petitions before the 1st respondent. Their prayer in this Writ Petition is for a direction to the 1st respondent to consider the revision petitions. 2. Sri.P.P.Abdul Kareem, the learned counsel submitted that the Government had, as per G.O (P) No.317/2005/G.Edn. dated 17.8.2005, imposed a ban on the appointment of teachers and non-teaching staff in additional division vacancies. Later, by G.O.(P) No.10/10/G.Edn. dated 12.1.2010, the ban on appointments was lifted subject to certain conditions. One among the conditions was that the Managers should execute a consent letter undertaking that in future vacancies, protected teachers equal to the number of teachers, appointed to the additional division vacancies during the period 2006-07 to 2009-10, would be appointed. The 5th respondent failed to execute the bond as required in the Government Order. Thereafter, the Government issued G.O.(P)No.199/2011/G.Edn dated 01.06.2011 approving the recommendations for implementation of the comprehensive teacher’s **WP(C) NO. 26313 OF 2021** **4** package for appointment of deployed/protected teachers. The petitioners were also included in the package and their appointment was regularised with effect from 1.6.2011. According to the petitioners, teachers similarly placed as the petitioners had approached this Court and by various judgments, this Court had directed the respondents to approve the appointment from the date of appointment by deeming that the manager has executed the bond. The learned counsel contends that it is settled by now that even in cases wherein, bonds have not been executed by the Manager, the Managers would be deemed to have executed the bond and they would be obliged to make appointments from the list of protected teachers, equal to the number of appointments approved during the ban period. 3. The learned Government Pleader submitted that all appointments in additional division vacancies are liable to be apportioned in the ratio of 1:1 and if the appointment of the protected teacher is not done as provided in G.O.(P) No.10/10/G.Edn. dated 12.1.2010, then the Manager ought to have executed a bond stating that such appointments would be made in accordance with the provisions of the Government Order. It is further submitted that some of the Managers have challenged G.O.(P) No.10/10/G.Edn. dated 12.1.2010 and those matters are now pending before the Apex Court. It is further submitted that it is for the 1st respondent to consider whether the petitioners would be entitled to the benefits of G.O.(P) No.10/10/G.Edn. **WP(C) NO. 26313 OF 2021** **5** 4. I have considered the submissions advanced. The petitioners claim that they were appointed during the period when the ban was in force. The question as to whether the above Government Order would apply to the petitioners herein has to be ascertained by the 1st respondent while considering the revision petitions. As rightly contended by the learned counsel, a Division Bench of this Court in **State of Kerala and Ors. v. V.S.Suma Devi and Ors** . [judgment dated 1.8.2017 in W.A.No.2111/2015], has held that in the case of non-execution of the bond by the Managers, it should be deemed that bonds have been executed and the Managers would be obliged to make an equal number of appointments when the appointments to additional vacancies made during the ban period are approved. Insofar as the pendency of the petitions instituted by the Managers before the Hon’ble Apex Court is concerned, the orders passed shall be subject to the final orders that may be passed by the Apex Court in the pending litigation. 5. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions: - a) The 1st respondent is directed to take up Exhibits P9 and P10 revision petitions submitted by the petitioners with **WP(C) NO. 26313 OF 2021** **6** notice to them and the 5th respondent and take a decision, as per procedure and in accordance with the law, expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. b) While considering the petition, the Secretary to Government shall consider whether G.O.(P) No.10/10/G.Edn. dated 12.1.2010 would apply and if it applies, the 1st respondent shall be free to reckon that the Managers would be deemed to have executed the bond and also that they would be obliged to make appointments from the list of protected teachers equal to the number of appointments approved during the ban period. The fact that the petition challenging G.O.(P) No.10/10 filed by the Managers is pending consideration of the Hon’ble Supreme Court shall not be taken as a ground to deny the benefits to the petitioners. It is made clear that the orders passed by the 1st respondent shall be subject to the decision of the Hon’ble Supreme Court in the pending petitions. c) It would be open to the petitioners to produce a copy of the **WP(C) NO. 26313 OF 2021** **7** writ petition along with the judgment before the concerned respondent for further action. The writ petition is disposed of. **Sd/RAJA VIJAYARAGHAVAN V JUDGE** IAP **WP(C) NO. 26313 OF 2021** **8** ## **APPENDIX OF WP(C) 26313/2021** PETITIONERS' EXHIBITS: - Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/06/2008 ISSUED BY THE 5TH RESPONDENT TO THE IST PETITIONER. - Exhibit P2 TRUE COPY OF ORDER NO. D.DIS/C/4716/11 DATED 03/01/2012 ISSUED BY THE 4TH RESPONDENT. - Exhibit P3 TRUE COPY OF APPOINTMENT ORDER DATED 01/06/2010 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER. - Exhibit P4 TRUE COPY OF ORDER NO. K.DIS. C-1622/2010 DATED 13/07/2011 ALONG WITH TYPED COPY ISSUED BY THE 4TH RESPONDENT. - Exhibit P5 TRUE COPY OF LETTER NO. 60930/J2/G.EDN. DATED 25/10/2011 ISSUED BY THE IST RESPONDENT. - Exhibit P6 TRUE COPY OF JUDGMENT DATED 26/7/2017 IN W.A. NO. 2592/2015 PASSED BY THIS HONBLE COURT. - Exhibit P7 TRUE COPY OF CIRCULAR NO. 100/J2/2017/G.EDN. DATED 11/9/2018 ISSUED BY THE IST RESPONDENT. - Exhibit P8 TRUE COPY OF G.O.(P) NO. 4/2021/G.EDN. DATED 06/02/2021 ISSUED BY THE IST RESPONDENT. - Exhibit P9 TRUE COPY OF THE REVISION PETITION DATED 30/10/2021 SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT. - Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED 30/10/2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. - Exhibit P11 TRUE COPY OF JUDGMENT DATED 06/10/2021 IN WPC NO. 21167/2021 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL