Shine L. Stephen S/o Stephesnon J.L. v. State of Kerala and Others (WP(C) No.28662 of 2022)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V.
- Judgment Date
- 2022-09-02
- Court Decision / Holding
- The writ petition is disposed of with directions: (a) The first respondent shall consider and decide Ext. P4 with notice to the petitioner and respondents 5 and 6, and shall decide expeditiously within four months, guided by the law laid down in Suma Devi. (b) While considering Ext. P4, the Government shall reckon that the manager is deemed to have executed the bond and must appoint from the protected list an equal number of appointments as those approved during the ban period, with the understanding that final orders will be subject to Apex Court's judgment. (c) The petitioner may submit a copy of this judgment along with Ext. P4 for further action.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- Shine L. Stephen S/o Stephesnon J.L.
Respondents
- The State of Kerala represented by its Secretary to Government, General Education Department, Secretariat Annex II, Thiruvananthapuram – 695 001
- The Director of General Education, Jagathy, Thiruvananthapuram – 695 014
- The Deputy Director of Education, Thiruvananthapuram – 695 036
- The District Educational Officer, Neyyattinkara, Thiruvananthapuram – 695 121
- MV Higher Secondary School Arumanoor (formerly The Manager, New Higher Secondary School Nellimoodu) – 695 524
- MV Higher Secondary School Arumanoor (Head Master) – 695 524
Legal Representation & Advocates
Counsels for Petitioners
- • Adv R.S. Aswini Sankar
Counsels for Respondents
- • Smt Nisha Bose, Sr Government Pleader
Case Synopsis & Summary
The petitioner, Shine L. Stephen, was appointed as an Upper Primary School Assistant in the New Higher Secondary School, Nellimoodu, with effect from 1 June 2009, under an order later scrutinized for the initial appointment date. He challenges the non-approval of his appointment from the date of initial appointment, arguing that government orders during and after the ban on appointments shaped his entitlement. The background is that the government imposed a ban on appointments in additional division vacancies by G.O.(P) No.317/2005/G.Edn (17 Aug 2005) and later lifted it with conditions via G.O.(P) No.10/10/G.Edn (12 Jan 2010), including a requirement that managers sign bonds and appoint from a protected list to balance appointments during the ban period. Subsequently, G.O.(P) No.199/2011/G.Edn (1 Jun 2011) approved a comprehensive teacher’s package, under which the petitioner’s appointment was regularised to 1 Jun 2011. The petitioner contends that this court has consistently directed deeming bonds as executed by managers and required a matching number of protected appointments when initial appointments are approved, citing decisions like Suma Devi. The respondents argue that 1:1 apportionment is mandatory if bonds are not executed and that several related matters are pending before the Apex Court. The court ultimately disposes of the petition with directions, balancing the petitioner's claims with ongoing Apex Court proceedings.
Provisions of Law Cited
Legal Doctrines & Maxims
- Deemed execution of bonds by managers
- Equality of appointments from protected teachers list (1:1 ratio) during the ban period
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner’s counsel contends that the controlling law, settled by this Court, treats non-execution of bonds by managers as equivalent to execution of bonds, thereby obliging managers to appoint from the protected teachers’ list an equal number to those appointments approved during the ban period. Ext.P4 (revision petition) seeks retrospective approval from the initial appointment date, and the petitioner urges the Court to direct the first respondent to decide on Ext.P4, applying the bond-deemed rule. The petitioner asserts consistency with prior judgments like Suma Devi in mandating back-dated approvals where bonds were not executed.
Contentions of Respondents
The Government Pleader counters that appointments in additional division vacancies must be apportioned 1:1, and if a bond was not executed, the manager should have executed one as per G.O.(P) 10/10. It is noted that matters concerning these issues are currently before the Apex Court, and the final outcome of those proceedings could affect this petition. The respondents request dismissal or deferment in line with pending constitutional proceedings.
Cited Precedents (2)
| 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 as executed, obliging them to make an equal number of appointments from the protected list for appointments approved during the ban period. |
| W.A.No.2290/2015 (Exhibit P2) | W.A.No.2290/2015 | Mentioned Only | Exhibit P2 is a copy of a judgment attached to the petition; its treatment is not discussed in the current judgment. |
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