Seema S. Pillai v. State of Kerala and Ors
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- RAJA VIJAYARAGHAVAN V
- Judgment Date
- 2021-11-23
- Court Decision / Holding
- Writ petition disposed of. Exhibit-P8 set aside. The 1st respondent to reconsider the revision petition with notice to petitioner and respondents 5–6, and to pass fresh orders within three months. The Secretary to Government shall reckon that the manager would be deemed to have executed the bond and that appointments from the list of protected teachers, equal to the number of posts approved during the ban period, should be made. The pendency of Supreme Court petitions should not be a ground to deny benefits. The petitioner may produce the writ petition and judgment before the concerned authority for further action.
- Final Disposition
- Writ petition disposed of
Parties to the Case
Appellants / Petitioners
- Seema S. Pillai
Respondents
- State of Kerala represented by Secretary, General Education Department, Government Secretariat, Thiruvananthapuram
- Director of General Education, Jagathy, Thiruvananthapuram
- Deputy Director of Education, Kottappady Down Hill, Malappuram District
- The District Educational Officer, Malappuram District
- The Manager, Tharakan High School, Angadipuram, Malappuram District
- The Headmaster, Tharakan High School, Angadipuram, Malappuram District
Legal Representation & Advocates
Counsels for Petitioners
- • Legith T. Kottakkal
- • Sri P. Jahangeer
Counsels for Respondents
- • Sri Bijoy Chandran, Sr GP
Case Synopsis & Summary
This writ petition concerns the appointment of Seema S. Pillai as High School Assistant (Physical Science) at Tharakan High School, Angadipuram (an aided institution). The petitioner was appointed on 14.06.2007 in an additional vacancy but her appointment was regularized only from 01.06.2011, under the Government’s protected/ deployed-teachers framework. A revision petition before the State authorities was dismissed (Exhibit-P8) on the sole ground that the manager did not execute a bond. The petitioner challenges Exhibit-P8 and seeks directions to the 4th respondent to approve the appointment from the initial date. The Government contends that, during the ban on appointments in additional division vacancies, appointments had to be apportioned 1:1 and that managers must execute a bond stating that protected teachers would be appointed in future vacancies; the later GO provisions and the comprehensive teachers’ package (G.O. 199/2011) included the petitioner in the package. The learned counsel for the petitioner relied on judgments holding that bonds need not be strictly executed by managers and that courts can deem bonds to be executed, enforcing appointment from the initial date. The Government argues that some challenges to GO 10/10/2010 are pending in higher courts, and that the first respondent must assess entitlements under GO 10/10/2010. The court ultimately held the petitioner’s claim meritorious, set aside Exhibit-P8, and directed reconsideration with notice, while deeming the bond as executed and requiring appointments from the protected-teacher list to the extent of the ban-period approvals. The orders are to be issued expeditiously (within three months) and subject to the Supreme Court’s pending decision.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that her appointment, made during the ban period on additional-division vacancies, should have been approved from the initial date in line with the government orders and the protective-teacher package. She relies on judgments directing deeming bonds to be executed by managers even when not executed, which would require appointment from the list of protected teachers equal to the number of posts filled during the ban. Exhibit-P8’s sole ground—non-execution of a bond—was asserted to be legally untenable, as the manager’s bond can be deemed to have been executed and the petitioner’s appointment should be treated from the original date.
Contentions of Respondents
The Government Pleader submits that appointments in additional division vacancies must be apportioned 1:1, and if the protected-teachers’ appointments were not made as per GO 10/10/2010, the manager should have executed a bond. Some managers challenge GO 10/10/2010, and those matters are pending before the Supreme Court; the 1st respondent should consider entitlement to GO 10/10/2010 benefits accordingly.
Cited Precedents (4)
| 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 and managers must make equal numbers of appointments when appointments during the ban period are approved. |
| WA 2290 of 2015 | WA 2290 of 2015 | Mentioned Only | Judgment dated 25-07-2017; case name not provided in text; referenced as Exhibit P9. |
| WPC 30720 of 2012 | WPC 30720 of 2012 | Mentioned Only | Judgment dated 20-12-2012; referenced as Exhibit P7. |
| WPC 40491 of 2018 | WPC 40491 of 2018 | Mentioned Only | Judgment dated 28-05-2019; referenced as Exhibit P11. |
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