Vijeesh K 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. Directions: (a) 1st respondent to decide Ext. P9 revision petition with notice to petitioner and respondents 3–6 within three months; (b) the Secretary to Government to consider whether GO 10/10 applies; if it does, managers to be deemed to have executed the bond and to appoint from the protected list equal to the number of appointments approved during the ban period; Supreme Court petitions pending shall not bar these benefits; (c) petitioner may produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- Vijeesh K
Respondents
- State of Kerala represented by its Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram
- Assistant Educational Officer, Kunnamangalam, Kozhikode
- Manager, Kunnamangalam AUP School, Kunnamangalam
- Anusree V., Upper Primary School Assistant, Kunnamangalam AUP School
- Dhanya T., Upper Primary School Assistant, Kunnamangalam AUP School
- Rasmi T., Lower Primary School Assistant, Kunnamangalam AUP School
Legal Representation & Advocates
Counsels for Petitioners
- • B. Harish Kumar
- • Anjaly Joseph
Counsels for Respondents
- • Bijoy Chandran, Sr. GP
Case Synopsis & Summary
The petitioner, Vijeesh K, was appointed on 02.06.2008 in an additional vacancy at Kunnamangalam AUP School, an aided institution managed by the 3rd respondent. His appointment was later regularised with effect from 01.06.2011, as part of the comprehensive teacher’s package, after he challenged the delay in approval via Ext. P9 revision petition before the first respondent. Respondents 4 to 6 were purportedly junior to the petitioner, and Ext. P7 judgment of this Court in a related writ petition granted them earlier approvals (Ext. P8). The petitioner contends that those junior teachers’ approvals from the initial date unjustly undermine his service prospects; he seeks quashing of Ext. P8 and expeditious consideration of Ext. P9. The Government contends that appointments in additional division vacancies were to be apportioned 1:1 and, if the protected-teacher bond was not executed, the Manager should have executed one, with some managers challenging G.O.(P) 10/10 before the Supreme Court. The Court relies on a Division Bench ruling in State of Kerala v. V.S. Suma Devi (W.A.No.2111/2015) that non-execution of bonds should be treated as execution, compelling equal appointments from the protected list once the ban period is over. The judgment disposes of the petition by directing timely action on Ext. P9, considering GO 10/10 applicability, and declaring that pending Supreme Court litigation shall not bar petitioners’ benefits. The petitioner may submit the writ petition copy along with the judgment for further action.
Provisions of Law Cited
Legal Doctrines & Maxims
- Bonds deemed to have been executed by Managers in the case of non-execution of bonds, obliging appointment from the protected list equal to the number of appointments approved during the ban period.
- 1:1 apportionment of appointments in additional division vacancies.
- Protection of rights of 'protected' teachers under the comprehensive teacher’s package.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner asserts that he was appointed during the period when the ban was in force and that respondents 4 to 6 were granted approval from the initial date due to the court’s prior orders and the protected-teacher framework. He seeks quashing Ext. P8 and a direction to the 1st respondent to decide Ext. P9 promptly, arguing that the bond requirement and the protected-teacher list entitlement must apply consistently to avoid retrograde discrimination against his seniority. He contends that the 3rd respondent failed to execute the bond, yet the government later regularised his appointment under the comprehensive package, implying parity with others who benefited from the policy.
Contentions of Respondents
The Government Pleader emphasizes that appointments in additional division vacancies must be apportioned 1:1 and that any protected-teacher appointment must be backed by the required bond; he notes that several managers are challenging GO 10/10 before the Supreme Court and that pending litigation should not unduly frustrate the petitioners’ entitlements. He submits that the 1st respondent should consider Ext. P9 in light of GO 10/10, with the caveat that the petition’s outcome will be subject to Supreme Court decisions; the court must ensure procedural compliance and legality of the appointment process.
Cited Precedents (1)
| 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 bonds by Managers should be treated as execution, obliging the Managers to make appointments from the protected list; the present court applies this principle. |
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