JOIS M. SEBASTIAN v. SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHURAM; DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM; DEPUTY DIRECTOR OF EDUCATION IDUKKI; DISTRICT EDUCATIONAL OFFICER KATTAPPANA; ASSISTANT EDUCATIONAL OFFICER NEDUMKANDAM; ASSISTANT EDUCATIONAL OFFICER ADIMALY; CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 27[TH] DAY OF MARCH 2023 / 6TH CHAITHRA, 1945`** ## **`WP(C) NO. 23425 OF 2020`** ## **`PETITIONER/S:`** ``` JOIS M.SEBASTIAN, AGED 36 YEARS SON OF SEBASTIAN, HEADMASTER, ST.MARY'S U.P.SCHOOL, KOLLIMALAI P.O., PONMUDI, IDUKKI DISTRICT-685 563 (RESIDING AT MELEPARAMBIL HOUSE, P.O. VENMONY, IDUKKI DISTRICT-685 606 (M-960575 6655) ``` ``` BY ADVS. V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR ``` ## **`RESPONDENT/S:`** - `1 THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001` - `2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM-695 014` - `3 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI AT THODUPUZHA-68 584` - `4 THE DISTRICT EDUCATIONAL OFFICER KATTAPPANA -68 508, IDUKKI DISTRICT` - `5 THE ASSISTANT EDUCATIONAL OFFICER NEDUMKANDAM, IDUKKI DISTRICT-685553` - `6 THE ASSISTANT EDUCATIONAL OFFICER ADIMALY, DUKKI DISTRICT-686 561` - `7 THE CORPORATE MANAGER CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI, KARIMPAN, MANIPPRA P. O., DUKKI DISTRICT-685 602` 2- W.P.(C). No. 23425 of 2020 ## **`OTHER PRESENT:`** ``` SMT.SURYA BINOY, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3- W.P.(C). No. 23425 of 2020 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== W.P.(C) No. 23425 of 2020 ============================================================= Dated this the 27[th] day of March, 2023 ## **JUDGMENT** The above writ petition is filed with following prayers: _“(i) call for the records relating to Exhibits P-2 and P-18 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order._ _ii) call for the records relating to Exhibits P-3 and P-4 and set aside the original of the same to the extent it denies approval from 09.06.2005 onwards by the issue of a writ of certiorari or other appropriate writ or order._ _iii) declare that the Petitioner is entitled to get approval to his Exhibit P-1 appointment as LPSA from 09.06.2005 onwards._ _iv) issue a writ of mandamus or other appropriate writ order of direction commanding the 5[th] Respondent AEO, Nedumkandam to grant approval to the appointment of the Petitioner as LPSA from 09.06.2005 onwards._ _v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case” (sic)_ 2. The petitioner was appointed as Lower Primary School Assistant with effect from 09.06.2005 onwards against 4- W.P.(C). No. 23425 of 2020 regular vacancy arose due to the transfer of Shri. Shibu K.Devasia in SB Lower Primary School, Sleebamala, an aided school under the 7[th] respondent management in Nedumkandam educational sub district in Idukki district against a regular vacancy arose due to the transfer of Shri. Salomi T.P to another school under the same management. The Assistant Educational Officer, Nedumkandam declined the approval to the appointment stating that since this is a newly opened school, protected teachers should have been appointed in the vacancy. Against the non approval of the appointment from 09.06.2005, the Corporate manage has filed an appeal before the Director. The Director vide order dated 25.05.2007, directed the AEO Nedumkandam to approve the appointment of the petitioner from 01.02.2006 onwards as the management set apart one post of LPSA for appointing a protected teacher and a declaration to this effect has been filed in stamp paper duly countersigned by the AEO. Accordingly, the appointment of the petitioner was approved by 5- W.P.(C). No. 23425 of 2020 the AEO from 01.02.2006 to 31.03.2006 and from 05.06.2006 onwards. On 28.09.2019, the petitioner was promoted as headmaster and posted at St.Mary’s UP School, Kollimalai, another UP School under the same management in Adimaly educational sub district. The petitioner filed revision petition before the Government requesting to approve the appointment from 10.06.2005 onwards itself. But the revision petition filed before the Government is rejected as evident by Ext.P18. Aggrieved by Ext.P18, this writ petition is filed. 3. Heard the counsel for the petitioner and the Government Pleader. 4. Today when the matter came up for consideration, the counsel for the petitioner submitted that the point raised by the petitioner is covered in favour of the petitioner in Ext.P19 judgment. The counsel submitted that the appointment of Sri.Reni Thomas as LPSA from 10.06.2005 onwards in the same 6- W.P.(C). No. 23425 of 2020 school, which is also referred in Ext.P18 order, is also directed to be approved by this Court as per Ext.P19 judgment. 5. After perusing Ext.P19, I am of the opinion that the rejection of the claim of the petitioner for approval with effect from 10.06.2005 is not correct. The petitioner in Ext.P19 judgment and the petitioner herein approached the Government and as per Ext.P18, the appointment with prior date is rejected. As far as the case of the petitioner in Ext.P19 judgment is concerned, this Court allowed the prayer. It will be better to extract the relevant portions in Ext.P19. _“4. The learned counsel for the petitioner submitted that by Ext.P4, the approval was granted only for the period from 01.02.2006 to 31.03.2006 and thereafter from 05.06.2006 onwards. It is the contention of the petitioner that in this case the list of protected teachers was furnished/intimation regarding the protected teacher was furnished only in December, 2005, much after the appointment of the petitioner. As per Ext.P8 guidelines, the list of protected teachers should have been furnished by the Educational Officer before 31[st] July of every year. In this case, such a list was not furnished_ 7- W.P.(C). No. 23425 of 2020 _within the time limit prescribed in Ext.P5 order. Ext P13(a) information collected under the Right to Information Act would show that there was no protected teacher available in the sub district as on 10.06.2005._ _5. In the above circumstances the denial of approval to petitioner's appointment from 01.06.2005 on the ground that the Manager executed the bond only on 01.02.06 was not proper. The respondents have not produced any material to show that the Manager refused to appoint a protected teacher even after the list of protected teacher was furnished. Therefore in the light of the judgments of this Court in Nadeera v State of Kerala [2011(3) KLT 790] and State of Kerala and Others v. S.Haseena and Another [2013 (2) KHC 103], relied on by the learned Counsel for the petitioner, approval should have been granted from the date of her appointment in Ext.P1, as it is seen that the Department failed to furnish any list of protected teachers to the Manager._ _In the above circumstances, I am of the view that the petitioner is entitled to be granted approval with effect from the date of her appointment in Ext.P1 i.e., 10.06.2005. There shall be a direction to the Assistant Educational Officer – the 5[th] respondent to issue revised orders of approval on the appointment of the petitioner from 01.06.2005 and to grant her all_ 8- W.P.(C). No. 23425 of 2020 _consequential benefits within a period of four months from the date of receipt of a copy of the judgment._ _Accordingly, the writ petition is disposed of.”_ 6. In the light of the above judgment, I think the petitioner is also entitled the relief sought for. Therefore, the 1[st] respondent can be directed to reconsider the matter in the light of Ext.P19 judgment. Therefore, this writ petition is disposed of in the following manner: ## 1. Ext.P18 is set aside. 2. The 1[st] respondent is directed to reconsider the matter in the light of Ext.P19, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner and the 7[th] respondent. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das 9- W.P.(C). No. 23425 of 2020 ## **`APPENDIX OF WP(C) 23425/2020`** ``` PETITIONER EXHIBITS ``` - `EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 9.6.2005` - `EXHIBIT P2 TRUE COPY OF THE ORDER NO.C/3064/2005/K.DIS. DATED 25.10.2005 OF THE AEO, NEDUMKANDOM` - `EXHIBIT P3 TRUE COPY OF THE ORDER NO.K.DIS./F426130/07/DPI DATED 25.5.2007 OF THE ADDL.DIRECTOR` - `EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 9.6.2005 AND APPROVAL THEREON` - `EXHIBIT P5 TRUE COPY OF THE G.O.(RT) NO.3776/2006/G.EDN. DATED 24.8.2006 OF THE GOVERNMENT` - `EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.LEENA JOSEPH DATED 1.7.2005 AND APPROVAL THEREON` - `EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO.178/2002/G.EDN. DATED 28.6.2002 OF THE GOVERNMENT` - `EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.74101/J2/2004/G.EDN. DATED 24.1.2005 OF THE GOVERNMENT` - `EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.2563/2006 DATED 24.9.2008` - `EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.8039/2008-F DATED 01.6.2009` - `EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN 2013 (2) KHC 103(DB) DECIDED ON 19TH FEBRUARY 2013` - `EXHIBIT P12 TRUE COPY OF THE DECISION REPORTED IN 2011 (3) KLT 970 DECIDED ON 4TH AUGUST 2011` - `EXHIBIT P13 TRUE COPY OF THE LETTER NO.A3/16104/11/K.DIS.DATED 15.12.2011 OF THE DEPUTY DIRECTOR ALONG WITH THE NAMES OF THE PROTECTED TEACHERS` - `EXHIBIT P13 (A) TRUE COPY OF THE LETTER NO.C/4479/2013/K/DIS. DATED 18.12.2013` 10- W.P.(C). No. 23425 of 2020 ``` OF THE AEO ``` ``` EXHIBIT P14TRUE COPY OF THE DECISION REPORTED IN 2009 (3) KLT 863 DECIDED ON 29TH JUNE 2009 EXHIBIT P15TRUE COPY OF THE JUDGMENT IN W.A.NO.183/2010 DATED 21.7.2010 EXHIBIT P16TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL) NO.36558/2010 DATED 10.1.2011 EXHIBIT P17TRUE COPY OF THE DECISION REPORTED IN 1993 (2) KLT SN 27 CASE NO.28 DECIDED ON 2.8.1993 EXHIBIT P18TRUE COPY OF THE G.O.(RT) NO.3921/2013/G.EDN.DATED 25.9.2013 OF THE GOVERNMENT EXHIBIT P19TRUE COPY OF THE JUDGMENT IN W.P.C.NO.13579/2014-V DATED 30.6.2020 ```