High Court of KeralaSingle JudgeDisposed of

Shine L. Stephen S/o Stephesnon J.L. v. State of Kerala and Others (WP(C) No.28662 of 2022)

Case / Petition Number: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

G.O.(P) No.317/2005/G.Edn dated 17.08.2005G.O.(P) No.10/10/G.Edn dated 12.01.2010G.O.(P) No.199/2011/G.Edn dated 01.06.2011

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 NameCitationTreatmentExplanation
State of Kerala and Ors. v. V.S. Suma Devi and Ors.W.A.No.2111/2015PositiveDivision 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.2290/2015Mentioned OnlyExhibit P2 is a copy of a judgment attached to the petition; its treatment is not discussed in the current judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

WP(C) No.28662 OF 2022 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **FRIDAY, THE 2[ND] DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944** ## **WP(C) NO. 28662 OF 2022** ## **PETITIONER:** **SHINE L.STEPHEN S/O.STEPHESNON J.L., JL SADANAM, KANJIRAMKULAM P.O., NELLIMOODU, THIRUVANANTHAPURAM, KERALA - 695 524.** ## **BY ADV R.S.ASWINI SANKAR** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXEII, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM - 695 036. 4 THE DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695 121. 5 THE MANAGER (NEW HIGHER SECONDARY SCHOOL, NELLIMOODU)*CORRECTED THIRUVANANTHAPURAM - 695 524. 6 THE HEAD MASTER (NEW HIGHER SECONDARY SCHOOL,NELLIMOODU) *CORRECTED THIRUVANANTHAPURAM - 695 524.** *** THE NAME OF SCHOOL 'NEW HIGHER SECONDARY SCHOOL, NELLIMOODU' IN THE ADDRESS OF RESPONDENT NO.5 AND RESPONDENT NO.6 IN THE CAUSE TITLE OF THE JUDGMENT** WP(C) No.28662 OF 2022 2 **DATED 02.09.2022 IN WP(C)28662/2022 IS CORRECTED AND SUBSTITUTED AS 'M V HIGHER SECONDARY SCHOOL, ARUMANOOR (MVHSS ARUMANOOR)' VIDE ORDER DATED 25.06.2024 IN I.A NO.2/2023** ## **SMT NISHA BOSE, SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.28662 OF 2022 3 ## **JUDGMENT** The petitioner states that he was appointed as an Upper Primary School Assistant in the New Higher Secondary School, Nellimoodu, with effect from 1.6.2009 as per Ext.P1 order. The grievance of the petitioner concerns the non-approval of the appointment of the petitioner from the initial date of the appointment. 2. It is contended by the petitioner 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 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 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 petitioner was also included in the package, and his appointment was regularised with effect from WP(C) No.28662 OF 2022 4 01.06.2011. According to the petitioner, 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 petitioner contends that relying on the law laid down by this Court, the petitioner has preferred Ext.P4 revision petition before the 1st respondent. It is in the afore circumstances that the petitioner is before this Court seeking a direction to the 1st respondent to consider and pass orders in the revision petition. 3. Smt.Aswini Sankar R S, the learned counsel appearing for the petitioner, 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 WP(C) No.28662 OF 2022 5 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 petitioner was 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 petitioner was approved only with effect from 1.6.2011 on the ground that there was a ban on appointments at the time of his 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. WP(C) No.28662 OF 2022 6 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: - a) The 1st respondent is directed to take up, consider and pass orders on Exhibit P4 revision petition filed by the petitioner with notice to the petitioner as well as the respondents 5 and 6 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 petition, 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 WP(C) No.28662 OF 2022 7 passed by 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. The writ petition is disposed of. Sd/- ## **RAJA VIJAYARAGHAVAN V JUDGE** IAP …......Continued (8) WP(C) No.28662 OF 2022 8 ## WP(C) 28662/2022 The name of school 'New Higher Secondary School, Nellimoodu' in the first paragraph of the judgment dated 02.09.2022 in WP(C) 28662/2022 is corrected and substituted as 'M V Higher Secondary School Arumanoor (MVHSS Arumanoor)' as per the order dated 25.06.2024 in IA 2/2023 in W.P(C) 28662/2022 Sd/- **Joint Registrar** WP(C) No.28662 OF 2022 9 ## **APPENDIX OF WP(C) 28662/2022** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1/06/2009.** **Exhibit P2 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN W.A.NO.2290/2015 DATED 25/07/2017.** **Exhibit P3 TRUE COPY OF THE ORDER OF APPROVAL OF THE PETITIONER DATED 04/01/2012. Exhibit P4 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22/06/2022. Exhibit P5 TRUE COPY OF THE ORDER DATED 19/04/2021 IN WHICH THE APPOINTMENT OF A SIMILARLY SITUATED PERSON IS APPROVED FROM THE INITIAL DATE OF APPOINTMENT.** ## **RESPONDENTS' EXHIBITS:** **NIL**