High Court of KeralaSingle JudgeWrit petition disposed of with directions as ab...

Manju Jose and Others v. State of Kerala and Others

Case / Petition Number:WP(C) 27434 of 2022
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Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2022-08-25
Court Decision / Holding
The writ petition is disposed of. The 1st respondent is directed to take up, consider and pass orders on Exhibits P6 to P9 revision petitions with notice to the petitioners and the 5th respondent, and to decide expeditiously within four months from the date of receipt of a copy of the judgment, bearing in mind the law laid down in Suma Devi (supra). While considering the revisions, the Government shall reckon that the manager is deemed to have executed the bond and that they would be obliged to appoint 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 in the pending Apex Court matters. The petitioners may produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
Final Disposition
Writ petition disposed of with directions as above.

Parties to the Case

Appellants / Petitioners

  • Manju Jose
  • Daya John
  • Sinimole T.J.
  • Maimoonath K.A.

Respondents

  • State of Kerala
  • Director of General Education, General Education Department, Government of Kerala
  • Assistant Educational Officer, Office of the AEO, Thodupuzha
  • Assistant Educational Officer, Office of the AEO, Kothamangalam
  • Corporate Manager, Corporate Educational Agency, Diocese of Kothamangalam

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Paulson Thomas

Counsels for Respondents

  • • Smt. Nisha Bose, Sr GP

Case Synopsis & Summary

This is a writ petition (WP(C)) filed by four aided school teachers working in schools under the Corporate Educational Agency, Diocese of Kothamangalam, challenging the non-approval of their appointments made against additional division vacancies from 1 June 2010. The petitioners seek a declaration that their appointments be deemed approved from the date of appointment, treating that the manager had executed a bond as per Government Order G.O.(P) No.10/10/G.Edn. The background includes a ban on appointments in such vacancies under G.O.(P) No.317/2005/G.Edn. (2005) and its lifting with conditions by G.O.(P) No.10/10/G.Edn. (2010), which required managers to execute a consent/undertaking that vacancies would be filled from protected teachers in proportion to appointments made during 2006-07 to 2009-10. The Government later included petitioners in the comprehensive teacher’s package via G.O.(P) No.199/2011/G.Edn (2011), with regularisation from 01.06.2011. The petitioners rely on precedents, including a Division Bench decision in Suma Devi (supra) that non‑execution of bond should be deemed executed, obliging equal appointments from protected teachers. The respondents contend 1:1 apportionment and that bonds must be executed; some matters are before the Supreme Court. The court disposes of the petition by directing reconsideration of revision petitions (Exhs P6-P9) within four months, allowing deeming of bonds, and noting orders remain subject to final Apex Court orders.

Provisions of Law Cited

G.O.(P) No.317/2005/G.Edn.G.O.(P) No.10/10/G.Edn.G.O.(P) No.199/2011/G.Edn.

Legal Doctrines & Maxims

  • Deemed execution of bond by manager in absence of actual bond
  • Equality of appointments from protected teachers equal to the number approved during the ban period (1:1 ratio)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that their appointments to additional division vacancies during 2010-2011 were made under a ban and remained unapproved. They submit that, following the law in similar cases, managers are to be deemed to have executed the bond and must make appointments from the list of protected teachers equal to the number of appointments approved during the ban period; judgments directing approval from the date of appointment should be followed. They rely on the Suma Devi decision and on the subsequent Government orders that allowed lifting the ban with conditions, arguing for immediate approval from the date of appointment while the revision petitions (Exhs P6-P9) are decided. They pray that the 1st respondent be directed to decide the revisions expeditiously, treating bonds as deemed executed and applying the protected-teacher list, subject to any final Apex Court orders.

Contentions of Respondents

The Government Pleader contends that all appointments in additional division vacancies must be apportioned 1:1 and that if a bond was not executed, the manager should have done so under G.O.(P) No.10/10. He notes that some matters are pending before the Supreme Court. He urges that orders on Exts P6-P9 be issued only in conformity with those decisions and subject to final Apex Court orders, and that the ban regime continues to govern the appointments until final adjudication.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of Kerala and Ors. v. V.S. Suma Devi and Ors.W.A.No.2111/2015PositiveThe Division Bench held that non-execution of the bond should be deemed to have been executed and managers must appoint from the protected list to the extent of appointments approved during the ban, guiding the present court's directions.
W.P.(C) NO. 5192/2018W.P.(C) NO. 5192/2018Mentioned OnlyJudgment referenced as Exhibit P10; the document does not discuss its holdings.
W.P.(C) NO. 22134/2022W.P.(C) NO. 22134/2022Mentioned OnlyJudgment referenced as Exhibit P11; not explored in the judgment text.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) NO. 27434 OF 2022** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **THURSDAY, THE 25[TH] DAY OF AUGUST 2022 / 3RD BHADRA, 1944 WP(C) NO. 27434 OF 2022** ## **PETITIONERS :** - **1 MANJU JOSE, AGED 42 YEARS, W/O. JAIMON JOSEPH, NOW WORKING AS LPST, SJ LPS, THOMMENKUTHU, THOMMANKUTHU P.O. THODUPUZHA, IDUKKI DISTRICT, PIN 685 581.** - **2 DAYA JOHN, AGED 41 YEARS, D/O JOHNY OOKEN, LPST, LITTLE FLOWER LPS, OONNUKAL, OONNUKAL P.O.,KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 689 647.** - **3 SINIMOLE T.J.,AGED 52 YEARS, W/O. TONY JOHN, NOW WORKING AS LPST, ST. GEORGE UPS, MUTHALAKKODAM, THODUPUZHA, IDUKKI DISTRICT, PIN 685 605.** - **4 MAIMOONATH K.A., AGED 50 YEARS, S/O. KUNJAHAMMAD, LG ARABIC(FULL TIME), ST. GEORGE UPS, MUTHALAKKODAM, THODUPUZHA, IDUKKI DISTRICT, PIN-- 685 605.** **BY ADV PAULSON THOMAS** ## **RESPONDENTS :** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 THE DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.** **WP(C) NO. 27434 OF 2022** **2** - **3 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, THODUPUZHA, PIN 685 584.** - **4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE AEO, KOTHAMANGALAM, PIN-686 691.** - **5 CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 686 691.** **R1 TO R4 BY SMT NISHA BOSE, SR GP.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 27434 OF 2022** **3** ## **JUDGMENT** The petitioners state that they are aided school teachers working in various schools coming under the management of the Corporate Educational Agency, Diocese of Kothamangalam. The grievance of the petitioners concerns the non-approval of the appointment of the petitioners from the date of appointment. They were all appointed against additional division vacancies with effect from 1.6.2010 by Exhibit P1 to P4 orders. They have approached this Court seeking a declaration that they are entitled to grant of approval of their appointments with effect from the date of appointment treating that the manager has executed a bond in terms of Exhibit P5 Government Order. 2. It is contended by the petitioners 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 Exhibit P5 order vide No G.O.(P) No.10/10/G.Edn. dated 12.1.2010, the ban on appointments was lifted subject to certain conditions. One of the conditions was that the managers should execute a consent letter **WP(C) NO. 27434 OF 2022** **4** 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. 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 package for appointment of deployed/protected teachers. The petitioners were also included in the package, and their appointments were regularised with effect from 01.06.2011. According to the petitioners, similarly placed teachers 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 had executed the bond. The petitioners contend that relying on the law laid down by this Court, the petitioners have preferred Exts.P6 to P9 revision petitions, respectively, before the 1st respondent. It is in the afore circumstances that the petitioners are before this Court seeking a direction to the 1st respondent to consider and pass orders in the revision petitions. 3. Sri. Paulson Thomas, the learned counsel appearing for the **WP(C) NO. 27434 OF 2022** **5** petitioners, submitted that it is settled by now that even in cases wherein bonds have not been executed by the Managers, 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. 4. 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 12.01.2010 and those matters are now pending before the Apex Court. 5. I have considered the submissions advanced. The writ petitioners were appointed during the period when the ban, pursuant to G.O.(P) No.10/10/G.Edn. Dated 12.1.2010, was in force. The appointment of the **WP(C) NO. 27434 OF 2022** **6** petitioners was approved only with effect from 1.6.2011 on the ground that there was a ban on appointments at the time of their initial appointment and that the Manager had failed to execute the bond in terms of G.O.(P)No.10/10. 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. 6. 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: **WP(C) NO. 27434 OF 2022** **7** a) The 1st respondent is directed to take up, consider and pass orders on Exhibits P6 to P9 revision petitions filed by the petitioners respectively with notice to the petitioners as well as the 5th respondent and take a decision, taking note of the law laid down by this Court in Suma Devi (supra). Orders shall be passed expeditiously, in any event, within a period of four months from the date of receipt of a copy of this judgment. b) While considering the revision petitions, the Secretary to Government shall be free to reckon that the manager 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. It is made clear that the orders passed by the 1st respondent shall be subject to the final orders passed by the Apex Court in the pending **WP(C) NO. 27434 OF 2022** **8** petitions. c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. The writ petition is disposed of. **Sd/-** **RAJA VIJAYARAGHAVAN V JUDGE** NS **WP(C) NO. 27434 OF 2022** **9** ## **APPENDIX OF WP(C) 27434/2022** ## **PETITIONERS' EXHIBITS :** **Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2010.** - **Exhibit P1(a) TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2011.** - **Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2010.** - **Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 02-06-2008.** - **Exhibit P3(a) TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01-06-2009.** - **Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 01-06-2010.** - **Exhibit P4(a) TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 01-06-2011.** - **Exhibit P5 TRUE COPY OF G.O.(P)NO. 10/2010/ G.EDN. DATED 12-01-2010.** - **Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER DATED 30-06-2022.** - **Exhibit P7 TRUE COPY OF THE REVISION PETITION FILED BY THE 2ND PETITIONER DATED 30-06-2022.** - **Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED BY THE 3RD PETITIONER DATED 30-06-2022.** - **Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BY THE 4TH PETITIONER DATED 30-06-2022.** **WP(C) NO. 27434 OF 2022** **10** **Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 5192/2018 DATED 08-03-2018. Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 22134/2022 DATED 07-07-2022.** **RESPONDENT' EXHIBITS : NIL**