M. P. Muraleedaran v. State of Kerala & Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- Judgment Date
- 2013-03-01
- Court Decision / Holding
- The writ petition is allowed. The 3rd respondent (Assistant Educational Officer) is directed to grant approval of the petitioner from the date of his initial appointment, provided the appointment is otherwise in accordance with law, and to pay the salary due within three months from the date of receipt of a copy of this judgment.
- Final Disposition
- Writ petition allowed; no order as to costs.
Parties to the Case
Appellants / Petitioners
- M. P. Muraleedaran
Respondents
- The State of Kerala, represented by the Secretary to Government General Education Department, Secretariat, Thiruvananthapuram
- The Deputy Director of Education, Malappuram
- The Assistant Educational Officer, Tirur, Malappuram District
- The Manager, PKT.B.M.U.P.School, Kutttari, Tirur, Malappuram District
Legal Representation & Advocates
Counsels for Petitioners
- • SRI.V.A.MUHAMMED
- • SRI.K.E.HAMZA
Counsels for Respondents
- • GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN
Case Synopsis & Summary
The petitioner, M. P. Muraleedaran, is a Junior Hindi Teacher at PKTBMUPSchool, Kutttari (Kuttari), Tirur, Malappuram District. He was appointed on 1 August 2001, allegedly filling a leave vacancy from 6 October 1998 to 6 December 1998, but his appointment was never formally approved under the Kerala Education Rules (KER). He challenged Ext.P4, a Government Order/notification granting approval from 1 February 2006, which sought to implement a policy ensuring protection of teachers in future vacancies. His core grievance is that Rule 6(viii) of Chapter V requires that, for new schools established after 1979, the Manager must undertake to appoint at least one protected teacher, and that the authorities were obliged to inform the Manager about any protected teachers remaining unemployed in the district; otherwise an appointment made without such undertaking should be eligible for approval. He cites Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863) and the Division Bench decision in Writ Appeal No. 183 of 2010 to support his view that such appointments should be permitted where there are no protected teachers available locally. The RTI record Ext.P15 confirms there were no protected teachers in the relevant district in 2001-02, and Ext.P24 indicates government approvals in similar circumstances. The Court ultimately allows the petition, directing the 3rd respondent to grant approval from the date of initial appointment, provided the appointment complies with law, and to pay salary within three months from the judgment copy.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that Rule 6(viii) requires that, for new schools, there must be an undertaking to appoint a protected teacher, and that the educational authorities should inform the Manager if such protected teachers are unemployed in the district. In absence of any protected teachers, the Manager cannot be faulted for appointing a teacher. He relies on Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863) and the Division Bench’s approval in Writ Appeal No. 183 of 2010 (Ext.P19) to argue that approvals can be granted in such cases. The RTI records (Ext.P15) show there were no protected teachers in 2001-02 in the district, supporting his position. Ext.P24 indicates government approved similar appointments in comparable circumstances.
Contentions of Respondents
Respondents contend that Rule 6(viii) places the obligation on the Manager to undertake to appoint a protected teacher for new schools, with the educational authorities required to ensure compliance; appointments made without fulfilling such undertakings should not be approved. They rely on policy framing (Ext.P4) and prior orders to require the existence of protected teachers or at least proper information to the Manager. They point to the RTI data (Ext.P15) indicating no protected teachers in the district and to Ext.P24 showing some approvals only under certain circumstances. They argue that allowing the petitioner’s approval contravenes established rules and established practice.
Cited Precedents (13)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Moosakutty v. D.E.O., Wandoor | 2009 (3) KLT 863 | Positive | Court relied on this decision to hold that Rule 6(viii) appointments are to be made only if there are protected teachers available in the educational sub-district/district; the approach was approved by a Division Bench in Ext.P19. |
| Writ Appeal No. 183 of 2010 | W.A. No. 183 of 2010 | Positive | Division Bench approved the view that in absence of available protected teachers or in accordance with the undertaking obligations, approvals may be granted; Ext.P19 cites this decision. |
| W.A.No.178/2012 | W.A.No.178/2012 | Positive | Division Bench held that even if protected teachers existed, it was the State/educational authorities’ duty to inform the Manager in advance; the petitioner’s position is thereby strengthened. |
| Decision reported in 1990 (1) KLT 602 | 1990 (1) KLT 602 | Mentioned Only | Listed among Ext.P11; no explicit treatment discussed in the judgment text. |
| Judgment in WPC 984/05 | WPC No. 984/05 | Mentioned Only | Listed as an exhibit; no discussion on its outcome within the judgment. |
| Decision reported in 2011 (3) KLT 790 | 2011 (3) KLT 790 | Mentioned Only | Listed as Ext.P13; cited but not analyzed in detail here. |
| Judgment in WPC No. 21646/2010 E | WPC No. 21646 of 2010 E | Mentioned Only | Listed as Ext.P14; no detailed treatment in the judgment. |
| OP 7847/1983 A Dt 7.11.1986 | OP No. 7847/1983 A Dt 7.11.1986 | Mentioned Only | Ext.P16 referenced without explicit discussion. |
| W.A 770/1987 | W.A No. 770/1987 | Mentioned Only | Ext.P17 cited; no detailed treatment in judgment. |
| Judgment in WPC 29151/2009 | WPC No. 29151/2009 L | Mentioned Only | Ext.P21 cited; no analysis provided in the text. |
| Judgment in WPC 25836/2010 | WPC No. 25836/2010 | Mentioned Only | Ext.P22 cited; no analysis provided. |
| Judgment in WPC 24370/2012 | WPC No. 24370/2012 | Mentioned Only | Ext.P23 cited; no analysis provided. |
| GO( Rt) 2638/2012/GT.EDN. | — | Mentioned Only | Government order cited as Ext.P24; not a case. |
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