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High Court of KeralaSingle JudgeWrit petition allowed; disposed of

W.P.(C) No. 27503 of 2014 (K)

Case / Petition Number:WP(C).No. 27503 of 2014 (K)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. VINOD CHANDRAN
Judgment Date
2015-10-15
Court Decision / Holding
The writ petition is allowed. Exhibit P2 is set aside; Exhibit P1 series orders are to be treated as granting approval from the date of appointment. The State/DEO is directed to disburse salary/arrears within three months from certified copy of the judgment. The petitioners’ appointments are approved from their respective dates of appointment.
Final Disposition
Writ petition allowed; disposed of

Parties to the Case

Appellants / Petitioners

  • SUBAIR
  • MOOSA MUSTHAJIB
  • RESITINA.K.A.
  • KHALID.K.
  • MUNEER.C.T.
  • SAIFUDHEEN.T.M.
  • RAMLA.T.P.
  • UMMU HABEEBA
  • SREERANJINI.K.R.
  • SUVARNA.P.
  • JASEENA BACKER.P.
  • ASHIQ.P.
  • UMMER.C.K.
  • SHAMEENA.P.
  • SHARAFUNNEESA.K.M.
  • SINDHU SUNDAR.T.P.
  • SHAMEEMA.K.
  • MUHAMMED YONUS.N.K.
  • FEBIN.K.
  • DEEPA.M.
  • JAMEELA.V.K.
  • MUHAMMED ASHRAF.C.
  • SHABEER.P.
  • MOHAMMED SHEREEF.N.
  • CICI JOSEPH
  • NASEERA.O.P.
  • BAVA CHEROOR
  • ABOOBAKHER SIDDEQ

Respondents

  • THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001
  • THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001
  • THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 676 505
  • THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 676505
  • THE MANAGER, MMETS, MELMURI, MELMURI.P.O.-676517

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI. V. E. ABDUL GAFOOR
  • • SRI. A. MOHAMMED SAVAD
  • • SRI. C.Y. VINOD KUMAR

Counsels for Respondents

  • • SRI. K.A. JALEEL, ADDL. ADVOCATE GENERAL
  • • GOVERNMENT PLEADER

Case Synopsis & Summary

Subair and other teachers of MMETS, Melmuri, file WP(C) 27503/2014 seeking retrospective approval of their appointments and consequent salary arrears. The petition relies on Exhibit P1 series, which record DEO-approved appointments under G.O(P) No. 199/2011/G.Edn dated 01.10.2008 and Circular No. H2/35970/DPI dated 13.12.2011, though the approvals were granted only from 01.06.2011. Exhibit P2 shows the Government’s revision/rejection of the prayer for approval from the date of appointment. The petition argues that, even if a school is a protected-hand establishment, the relevant circulars require maintaining and forwarding a list of protected teachers to the managers; with such information, managers have no option but to appoint. The court cites State of Kerala v. Nadeera (2013 (2) KLT 88), which emphasizes that Circulars of 2002 and 2006 mandate forwarding the protected-teacher list by the AEO to the DDE and making it available to managers. It also notes Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863), to illustrate that where a protected-teacher vacancy does not exist, approval can be granted. On these premises, the court holds that the petitioners are entitled to succeed and allows the writ, directing that the Exhibit P1 approvals be effective from the dates of appointment and directing salary arrears within three months.

Provisions of Law Cited

G.O(P) No. 199/2011/G.Edn dated 01.10.2008Circular No.H2/35970/DPI dated 13.12.2011Circulars of 2002 and 2006KER (Kerala Education Rules)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they were lawfully appointed and have Exhibit P1 approvals from the DEO under the relevant government orders and circulars; despite this, Exhibit P2 (the Government’s rejection) would deprive them of timely approval and salary rights. Relying on Nadeera and Moosakutty, they argue that protected-teacher lists must be maintained and communicated to Managers, who must appoint accordingly, and that where no protected teacher exists in a sub-district, approval can still be granted.

Contentions of Respondents

The respondents contend that approval has to follow the prescribed procedure and the government’s rejection (Ext. P2) is valid; while the circulars require maintaining a protected-teacher list, the department’s duty is to ensure proper compliance and not automatically grant retrospective approvals without considering the circulars and the protected-teacher framework.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
State of Kerala v. Nadeera2013 (2) KLT 88PositiveCited for the principle that Circulars 2002 and 2006 require forwarding of the protected-teacher list to managers so that appointments follow the list.
Moosakutty v. D.E.O., Wandoor2009 (3) KLT 863PositiveCited to illustrate that, where no protected teacher exists, approval may be granted in the sub-district.

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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 K.VINOD CHANDRAN** ## **THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937** ## **WP(C).No. 27503 of 2014 (K)** **----------------------------** ## **PETITIONER(S): --------------------------** ## **1. SUBAIR, AGED 34 YEARS KIZHAKKEPARAMBIL, JUNIOR LANGUAGE TEACHER (HINDI) MMETHS, MELMURI, MELMURI.P.O.-676517.** **2. MOOSA MUSTHAJIB, AGED 32 YEARS H.S.A. (DRAWING), MMETHS, MELMURI MELMURI.P.O.-676517.** **3. RESITINA.K.A., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **4. KHALID.K., AGED 32 YEARS** **H.S.A.(PHYSICAL SCIENCE), MMETHS, MELMURI MELMURI.P.O.-676517.** **5. MUNEER.C.T., AGED 33 YEARS H.S.A.(PET), MMETHS, MELMURI MELMURI.P.O.-676517.** **6. SAIFUDHEEN.T.M., AGED 32 YEARS JUNIOR LANGUAGE TEACHER (HINDI), MMETHS, MELMURI MELMURI.P.O.-676517.** **7. RAMLA.T.P., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **8. UMMU HABEEBA, AGED 33 YEARS** **JUNIOR LANGUAGE TEACHER (ARABIC), MMETHS, MELMURI MELMURI.P.O.-676517.** **CONTD .. 2..** **.. 2 ..** ## **WP(C).No. 27503 of 2014 (K)** **9. SREERANJINI.K.R., AGED 34 YEARS H.S.A (NEEDLE), MMETHS, MELMURI MELMURI.P.O.-676517.** **10. SUVARNA.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **11. JASEENA BACKER.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **12. ASHIQ.P., AGED 34 YEARS** **UPSA (PET), MMETHS, MELMURI MELMURI.P.O.-676517.** ## **13. UMMER.C.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **14. SHAMEENA.P., AGED 34 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **15. SHARAFUNNEESA.K.M., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **16. SINDHU SUNDAR.T.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **17. SHAMEEMA.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **18. MUHAMMED YONUS.N.K., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **19. FEBIN.K., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **CONTD .. 3 ..** **.. 3 ..** ## **WP(C).No. 27503 of 2014 (K)** **20. DEEPA.M., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **21. JAMEELA.V.K., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **22. MUHAMMED ASHRAF.C., AGED 32 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **23. SHABEER.P., AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **24. MOHAMMED SHEREEF.N., AGED 33 YEARS H.S.A. (ENGLISH), MMETHS, MELMURI MELMURI.P.O.-676517.** ## **25. CICI JOSEPH, AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** ## **26. NASEERA.O.P., AGED 33 YEARS H.S.A.(PHYSICAL SCIENCE), UPSA, MMETHS MELMURI, MELMURI.P.O.-676517.** **27. BAVA CHEROOR, AGED 35 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **28. ABOOBACKER SIDDEQ, AGED 33 YEARS UPSA, MMETHS, MELMURI MELMURI.P.O.-676517.** **BY ADVS.SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.C.Y.VINOD KUMAR** **CONTD .. 4 ..** **.. 4 ..** ## **WP(C).No. 27503 of 2014 (K)** ## **RESPONDENT(S):** **----------------------------** ## **1. THE STATE OF KERALA** **REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.** **2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001.** **3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 676 505** **4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 676505** ## **5. THE MANAGER,** - **MMETS, MELMURI, MELMURI.P.O.-676517.** **R1-R4 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R BY GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 27503 of 2014 (K)** **-------------------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -------------------------------------** **EXT.P1(A-AB): COPY OF THE ORDER DATED 27.12.11 ISSUED BY DEO APPROVING APPOINTMENT OF PETITIONERS.** **EXT.P2: COPY OF THE GOVERNMENT LETTER NO.53646/E2/12/G.EDN. DATED 24.3.14.** ## **RESPONDENT(S)' EXHIBITS:** ## **NIL** **// TRUE COPY //** **P.A TO JUDGE.** **SB** ## **K. VINOD CHANDRAN, J. ===================== W.P.(C) No.27503 of 2014 - K** ## **====================== Dated this the 15[th] day of October, 2015** ## **J U D G M E N T** The petitioners are before this Court claiming approval of their appointments from the respective date of their initial appointments. 2. The appointments are evidenced by Exhibit P1 series, which were approved by the District Educational Officer [for brevity “DEO”], by virtue of G.O(P) No. 199/2011/G.Edn. dated 01.10.2008 and Circular No.H2/35970/DPI dated 13.12.2011; but only w.e.f 01.06.2011. By Ext.P2, the revision filed before the Government for getting the approval from the date of their respective appointments were rejected. 3. In any event, even if the school is liable to have appointed a protected hand, the issue with respect to such appointment was considered elaborately in **State of Kerala v. Nadeera [2013 (2) KLT 88],** wherein it was clearly found that the Circulars of 2002 and 2006 mandated that list of protected **2** W.P.(C) No.27503 of 2014 - K hands be forwarded by the AEO concerned to the DDE, which lists should be made available to the Managers and in such circumstance, the Managers would have no choice or option but to appoint such protected teachers. Even the schools which are presumed to be new establishments or newly upgraded, who had executed such agreements, would not have any information as to the protected teachers; which information would be only available with the Educational Authorities under the KER. It was categorically held that, it was mandatory on the part of the Department to maintain such list and the management could be found fault with only if such lists were forwarded to such managements and there is an appointment made in violation of the stipulation in the Circulars. It is to be emphasized that the Division Bench had specifically held that there should be intimation of such list of protected teachers to the Managers of the Schools; and the mere existence of the list would not persuade this Court to deviate from the facts and law as declared in **Nadeera** (supra). **3** W.P.(C) No.27503 of 2014 - K 4. It is also pertinent that on a similar question, where there was no protected teacher available in the sub district, a learned Single Judge of this Court in **Moosakutty v. D.E.O., Wandoor [2009 (3) KLT 863]** allowed the claim of the teacher and directed grant of approval of appointment. 5. In the circumstances, the petitioners are entitled to succeed and the writ petition is allowed, setting aside Exhibit P2 order. Exhibit P1 series orders of the 1[st] respondent, to be modified granting approval to the petitioner's appointment from the date of their respective appointment. The 1[st] respondent shall disburse the salary/arrears of salary, if any, within a period of three months from the date of receipt a certified copy of this judgment. The writ petition is disposed of. **Sd/-** **K. VINOD CHANDRAN, JUDGE** SB/16 /10 /2015 // true copy // P.A to Judge