High Court of KeralaSingle JudgeWrit petition allowed; Ext. P12 set aside; dire...

Simon V.J. and Daya.D. v State of Kerala and Others

Case / Petition Number:WP(C) No. 11488 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2023-02-21
Court Decision / Holding
Writ petition allowed. Ext. P12 is set aside. The first respondent is directed to reconsider the matter, treating that the Manager executed the bond as per GO (P) No. 10/10 dated 12.01.2010, and to complete the process within three months from the date of receipt of the judgment.
Final Disposition
Writ petition allowed; Ext. P12 set aside; direction to reconsider within three months; bond deemed executed as per GO 10/10.

Parties to the Case

Appellants / Petitioners

  • Simon V.J.
  • Daya.D.

Respondents

  • State of Kerala represented by its Secretary, General Education Department
  • Director of General Education, Office of the Director of General Education, Jagathy, Thiruvananthapuram
  • Deputy Director of Education, Office of the Deputy Director of Education, ChalaI, Thiruvananthapuram
  • District Educational Officer, Neyyattinkara
  • Manager, New Higher Secondary School, Nellimoodu

Legal Representation & Advocates

Counsels for Petitioners

  • • Suresh Kumar Kodoth
  • • K.P.Antony
  • • Binu

Counsels for Respondents

  • • Surya Binoy
  • • Sr.GP

Case Synopsis & Summary

The petitioners, Simon V.J. and Daya.D., two individuals who served as Upper Primary School Teachers (UPST) at Nellimoodu’s New Higher Secondary School between 2008 and 2011, challenged administrative actions affecting their appointments. They argued that their posts were valid additional posts fixed by student strength and staffing norms and that their appointments (as per Exts. P1 and P3) should have been approved, with related monetary benefits for the service rendered. The State had barred fresh appointments by G.O. (P) 317/05/G.Edn (2005), but the ban was later lifted subject to conditions, notably the execution of a bond by the Manager to appoint teachers from the protected-teachers list in a 1:1 ratio (G.O. (P) No. 10/10, 2010). By the time the petition proceeded, the petitioners had resigned to join government service, leaving their hoped-for approval unresolved and their salaries unpaid. They rely on Moosakutty v. DEO Wandoor (2009) and WA No. 2592/2015 to illustrate instances where approvals prior to 01.06.2011 were accepted and salaries paid. Respondents argued based on Ext. P12 that approval could not be granted absent a bond and that the petition must be dismissed. The Court references WA 2592/2015 and connected cases, and ultimately sets aside Ext. P12, directing reconsideration as if the Manager had executed the bond (GO 10/10) within three months. The decision underscores a purposive interpretation of GO orders and seeks to align past practice with available schemes for approval.

Provisions of Law Cited

G.O.(P) 317/05/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 01.10.2011

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend their appointments were made against valid, additional posts and should be approved as per Exts. P1 and P3. They contend that the initial ban on fresh appointments was lifted with conditions (bond, 1:1 ratio for protected-teachers), and that others under the protected-teacher package were later approved. They rely on Moosakutty v. DEO Wandoor (2009) and WA No.2592/2015 to argue that approvals prior to 01.06.2011 could be granted and salaries paid. They note that Ext. P11 directed consideration of representations and Ext. P12 denied approval on grounds of no bond, seeking quashing of Ext. P12 and a direction to reconsider the matter deeming the bond executed.

Contentions of Respondents

The respondents maintain Ext. P12 is valid because approval cannot be granted without a bond; the petition should be dismissed, and any relief must be framed within existing GO orders and the bond condition. They rely on the bond-based mechanism under GO 10/10 and related regulations to regulate post-creation approvals and to prevent unwarranted creation of new posts.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Moosakutty v. DEO Wandoor2009 (3) KLT 863PositiveCited to illustrate that approvals prior to 01.06.2011 could be accepted and salaries paid in similar circumstances.
WA No.2592/2015WA No.2592/2015PositiveUsed to support the proposition that bond execution or related conditions could be deemed satisfied under GO 10/10 and that reconsideration could align with connected cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944** **WP(C) NO. 11488 OF 2022** ## **PETITIONERS:** 1 SIMON V.J. FORMERLY WORKING AS UPSA, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, RESIDING AT DS COTTAGE, ANOORKUZHY, PERINGAMALA, KALLIYOOR P.O., THIRUVANANTHAPURAM-695 042 2 DAYA.D. FORMERLY WORKING AS UPSA, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, RESIDING AT RS BUILDING, NELLIMOOD P.O., THIRUVANANTHAPURAM-695 524 BY ADVS. SURESH KUMAR KODOTH K.P.ANTONY BINU ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001 2 DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014 3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CHALAI, THIRUVANANTHAPURAM-695 036 4 DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121 5 MANAGER, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, THIRUVANATHAPURAM-695 524 WP(C) NO. 11488 OF 2022 **==> picture [7 x 9] intentionally omitted <==** BY ADVS. SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11488 OF 2022 3 ## **P.V.KUNHIKRISHNAN, J.** # **-----------------------------W.P.(C)No. 11488 of 2022** **---------------------------------------------Dated this the 21[st] day of February, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: _“(i) Issue appropriate writ or order calling for records and quash Ext.P12 to the extent it does not recognize petitioner's right for approval in terms of Exts. P1 and p3 appointment orders;_ _(ii) Declare that petitioners are entitled to have their appointment as UPST made as per Exts.P1 and P3 approved with consequential reliefs;_ _(iii) Issue writ of mandamus directing fourth respondent to approve appointment of petitioners as per Ext.P1 and P3; taking deemed execution of bond by the Manager and grant consequential monitory benefits with interest for the period they worked, within a time limit:_ _(iv) Issue any other writ or order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;”[SIC]_ ## 2. Petitioners were working as UPST in the 5[th] WP(C) NO. 11488 OF 2022 4 respondent's school during the period from 04.06.2008 to 23.05.2011 and 23.06.2008 to 14.02.2011 respectively as per Ext.P1 and P3 appointment orders. According to the petitioners, they were appointed against the valid additional posts, based on student's strength and staff fixation. The vacancy though substantive and established, it was not approved, citing G.O.(P) 317/05/G.Edn dated 17.08.2005, whereby creation of fresh posts in aided schools were not permitted. It is the case of the petitioners that the ban on appointment was however lifted, subject to certain conditions, which includes execution of bond by the Manager, agreeing to appoint teachers from the list of protected teachers at the ratio of 1:1 as per G.O. (P) No. 10/10 G.Edn. dated 12.01.2010. To enable deployment of protected teachers, teachers' package was introduced as per Ext.P10 Government Order. By the time, petitioners have resigned from the post, on being appointed in the government service. Therefore their WP(C) NO. 11488 OF 2022 5 claim for approval was not considered, and resultantly the service rendered by them remained unremunerated. It is also submitted that the teachers who were included in the teachers' package were granted approval with effect from 01.06.2021 at the first stage, leaving consideration of individual cases at the next stage. It is the submission of the petitioners that, in the light of the decision of this Court in Moosakutty v. DEO Wandoor, [2009 (3) KLT 863], and judgment dated 26.07.2017 in WA No.2592/2015, there were instances where claim for approval prior to 01.06.2011 was accepted and salary paid. As regards the condition requiring Manager to execute bond, the Division Bench of this Court held that the Educational Officer shall approve the appointment, treating that the Manager executed the bond. Aggrieved by the denial of approval, Exts.P7 and P8 representations were submitted before the first respondent. This Court as per Ext.P11 judgment directed the 1[st] respondent to consider the representations. 6 WP(C) NO. 11488 OF 2022 Consequently, Ext.P12 order was passed. But in Ext.P12, it is stated that, since there is no bond executed by the Manager, the claim of the petitioner can not be allowed. Aggrieved by the same, this writ petition is filed. 3. Heard counsel appearing for the petitioner and the learned Government Pleader. 4. In the light of the judgment in WA No.2592/2015 and connected cases, it can be deemed that, the Manager executed bond as per G.O. (P) No. 10/10 G.Edn. Dated 12.01.2010, while considering the proposal for approval. Non execution of the bond is the main reason for rejecting the claim of the petitioner in Ext.P12. Therefore, according to me, Ext.P12 can be set aside and there can be a direction to the 1[st] respondent to reconsider the matter deeming that the Manager executed the bond as per G.O.(P)No.10/10 G.Edn. dated 12.01.2010. Therefore, this writ petition is allowed in the WP(C) NO. 11488 OF 2022 7 following manner: i. Ext.P12 is set aside. ii. The 1[st] respondent is directed to reconsider the matter treating that the Manager executed the bond as per G.O.(P) No.10/10 G.Edn. dated 12.01.2010. iii. The above exercise shall be completed by the 1[st] respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO. 11488 OF 2022 8 ## **APPENDIX OF WP(C) 11488/2022** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF APPOINTMENT ORDER DATED| |---|---| ||4.6.2008 OF 1ST PETITIONER| |EXHIBIT P2|TRUE COPY OF ORDER DATED 01.10.2008| ||ISSUED BY THE MANAGER SHIFTING| ||APPOINTMENT OF 1ST PETITIONER TO THE| ||ADDITIONAL ANTICIPATED VACANCY| |EXHIBIT P3|TRUE COPY OF APPOINTMENT ORDER DATED| ||23.06.2008 OF THE 2ND PETITIONER| |EXHIBIT P4|TRUE COPY OF ORDER DATED 30.07.2008| ||ISSUED BY FOURTH RESPONDENT REJECTING| ||APPROVAL IN THE CASE OF FIRST| ||PETITIONER| |EXHIBIT P5|TRUE COPY OF ORDER DATED 26.09.2008| ||ISSUED BY FOURTH RESPONDENT REJECTING| ||APPROVAL IN THE CASE OF SECOND| ||PETITIONER| |EXHIBIT P6|TRUE COPY OF REPRESENTATION DATED| ||5.10.2017<br>SUBMITTED<br>BY<br>FIRST| ||PETITIONER BEFORE THE CHIEF MINISTERS| ||GRIEVANCE REDRESSAL CELL| |EXHIBIT P7|TRUE COPY OF REPRESENTATION /REVISION| ||DATED 7.06.2021 SUBMITTED BY 1ST| ||PETITIONER| |EXHIBIT P8|TRUE COPY OF REPRESENTATION /REVISION| ||DATED 7.06.2021 SUBMITTED BY 2ND| ||PETITIONER| |EXHIBIT P9|TRUE COPY OF G.O(P) NO.10/10 G EDN| ||DATED 12.01.2010| |EXHIBIT P10|TRUE COPY OF GO (P) NO.199/2011/G EDN| ||DATED 01.10.20211| |EXHIBIT P11|TRUE COPY OF THE JUDGMENT DATED| WP(C) NO. 11488 OF 2022 9 05.08.2021 IN WPC NO.13160/2021 EXHIBIT P12 TRUE COPY OF THE ORDER DATED 24.02.2022 PASSED BY THE 1ST RESPONDENT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE