Jisha M. and Arun Kumar K.P. v. State of Kerala and Others
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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Kerala and Ors. v. V.S.Suma Devi and Ors. | W.A.No.2111/2015 | Positive | Division 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. 2592/2015 | W.A.No.2592/2015 | Mentioned Only | Exhibit 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 21167/2021 | WPC NO. 21167/2021 | Mentioned Only | Exhibit P11 cites a judgment in WPC 21167/2021; referenced as background, not a basis for the decision. |
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