Leena A v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V
- Judgment Date
- 2022-09-30
- Court Decision / Holding
- The writ petition is disposed of. a) The 1st respondent is directed to take up, consider and pass orders on Exhibit P5 revision petition filed by the petitioner with notice to the petitioner and 6th respondent, and to decide, taking note of the law laid down by this Court in Suma Devi (supra), with orders expeditiously issued within four months from the date of receipt of a copy of this judgment. b) While considering the revision petition, the Secretary to Government shall be free to reckon that the manager would be deemed to have executed the bond and 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 orders passed shall be subject to the final orders of the Apex Court in the pending petitions. c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
- Final Disposition
- The writ petition is disposed of.
Parties to the Case
Appellants / Petitioners
- Leena A
Respondents
- State of Kerala, represented by Secretary to Government, Department of General Education, Secretariat, Thiruvananthapuram 695001
- The Director of General Education, Jagathy, Thiruvananthapuram 695 014
- The Deputy Director of Education, Office of the Dy. Director of Education, Palakkad 678 001
- District Education Officer, Office of the District Educational Officer, Mannarkad, Palakkad-678 582
- Assistant Educational Officer, Office of the Assistant Educational Officer, Mannarkad 678 582
- Manager, Aided Lower Primary School, KottoPadam East, KottoPadam P.O, Mannarkkad via Palakkad 678 583
Legal Representation & Advocates
Counsels for Petitioners
- • George Abraham
- • Joby D Joseph
Case Synopsis & Summary
Leena A., an LPSA in an Aided Lower Primary School at Kottopadam East, was appointed to an additional division vacancy on 15 July 2008. She challenges the non-approval of her appointment from the date of appointment, arguing that successive Government orders shaped the legal regime for protected teachers. The Government imposed a ban on appointments to additional division vacancies by GO (P) 317/2005/G.Edn and, later, the ban was lifted by GO (P) 10/10/G.Edn (12 January 2010) subject to conditions. One condition required managers to execute a bond, while a comprehensive package for deployed/protected teachers was approved by GO (P) 199/2011/G.Edn (01 June 2011). The petitioner was included in the package and her appointment was regularised from 01 June 2011. She contends that in several cases this Court has directed appointment from the date of appointment and deemed the bond to be executed despite the absence of a formal bond. The Government Pleader contends that appointments in such vacancies must be apportioned 1:1 and, where bonds are not executed, the manager should have executed one. The court notes the Suma Devi doctrine that non‑execution of a bond by managers can be treated as executed, permits proceeding, and directs the 1st respondent to decide Exhibit P5 in light of that doctrine, subject to Apex Court orders. The writ petition is disposed of with directions, including expeditious action within four months.
Provisions of Law Cited
Legal Doctrines & Maxims
- Bond deemed to have been executed by managers in cases of non-execution of bonds
- Judicial doctrine that managers would be deemed to have executed bonds and must make appointments from protected list equal to appointments approved during the ban
- Suma Devi doctrine (non‑execution of bond may be deemed executed)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the ban on appointments to additional division vacancies, enacted by GO (P) 317/2005/G.Edn and subsequently lifted by GO (P) 10/10/G.Edn (12 January 2010) with conditions, did not prevent her appointment from being regularised. Following the Court's decisions in similarly placed cases, appointments made during the ban period should be approved from the date of appointment, treating managers as having executed the required bond even if no bond was formally executed. The 2011 package for deployed/protected teachers, including the petitioner, should govern her status and consequent regularization from 01.06.2011. She seeks a direction to the 1st respondent to decide her revision petition (Exhibit P5) in light of Suma Devi and related jurisprudence. She requests expeditious action, with four months for the decision, and to permit production of the judgment before the concerned authorities; she relies on established precedents that support deeming bond execution for purposes of appointment.
Contentions of Respondents
The respondents submit that appointments in additional division vacancies must be apportioned 1:1, and if a protected teacher’s appointment was not made in line with the ban, the manager should have executed a bond. They note challenges to GO 10/10 before the Supreme Court and indicate that pending matters may affect revision petition outcomes. They urge that orders be made consistent with existing orders and the apex court’s final orders, and that the revision petition be decided in due course.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Kerala and Ors. v. V.S. Suma Devi and Ors | W.A.No.2111/2015 | Positive | Cited as the controlling precept that non-execution of a bond by managers should be treated as if the bond were executed, obliging the appointment of an equal number of protected/ deployed teachers for appointments made during the ban period. |
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