Allowed

The State of Kerala v. a.Naziya

Kerala HC9 Aug 2019WA/300/2019

Case brief

AI extract

What is this about?

The Division Bench upheld a lower court judgment approving appointments made during a ban period. Relying on a Division Bench order, the Court held that the bond execution by school managers is deemed even if not physically executed, obligating them to make equal appointments from protected teachers' lists.

What did the court decide?

Management of schools deemed to have executed the bond; obligated to make equal appointments from protected teachers' list.

The State of Kerala Vs a.Naziya — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

¶7

WA.No.332 OF 2017

¶8

AGAINST THE JUDGMENT IN WPC 17927/2014 DATED 02-12-2016 OF HIGH COURT OF KERALA

¶9

APPELLANT/S:

¶10

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014

¶12

3 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI AT THODUPUZHA-685584

¶13

4 THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA, IDUKKI DISTRICT-685584

¶14

BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE

¶15

RESPONDENT/S:

¶16

1 RAJIMON GOVIND HIGH SCHOOL ASSISTANT(HINDI), MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL P.O.KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT-685608

¶17

2 THA MANAGER MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL P.O., KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT-685608

¶18

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.1931/2018, WA.2377/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

[ WA.332/2017, WA.1931/2018,

¶20

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶21

..2..

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶25

¶26

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶27

FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

¶28

WA.No.1931 OF 2018

¶29

¶30

APPELLANT/S:

¶31

1 THE STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶32

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.

¶33

3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KOLLAM-691001.

¶34

4 THE ASSISTANT EDUCATIONAL OFFICER CHADAYAMANGALAM, KOLLAM DISTRICT-691534.

¶35

BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE

¶36

RESPONDENT/S:

¶37

1 M. SHAHNA TIS LOWER PRIMARY SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM DISTRICT.

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2 THE MANAGER THABLEEGUL ISLAM SANGHAM LOWER PRIMARY SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM-691534.

¶39

[ WA.332/2017, WA.1931/2018,

¶40

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶41

..3..

¶42

R1 BY ADV. V.A.MUHAMMED(B/O) R2 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R2 BY ADV. SRI.S.A.ANAND

¶43

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.2377/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

[ WA.332/2017, WA.1931/2018,

¶45

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶46

..4..

¶47

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶48

PRESENT

¶49

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶50

¶51

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶52

FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

¶53

WA.No.2377 OF 2018

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AGAINST THE JUDGMENT DATED 06.03.2018 IN WP(C) 29426/2013(C) OF HIGH COURT OF KERALA

¶55

APPELLANT/S:

¶56

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶57

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM 695 014

¶58

3 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD 682 030

¶59

4 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, EERNAKULAM 686 673

¶60

BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE

¶61

RESPONDENT/S:

¶62

1 SHEEBA JOHN

¶63

W/O. K.C SCARIA, (FORMER UPPER PRIMARY SCHOOL ASISTANT RAMAMANGALAM HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT) KUNNEL HOUSE, P.O EZHAKKARANAD, PUTHENCRUZ (VIA), ERNAKULAM DISTRICT 682 308

¶64

[ WA.332/2017, WA.1931/2018,

¶65

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶66

..5..

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2 THE MANAGER, RAMAMANGALAM HIGH SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT 686 673.

¶68

R1 BY ADV. SRI.V.A.MUHAMMED

¶69

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2504/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶70

[ WA.332/2017, WA.1931/2018,

¶71

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶72

..6..

¶73

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶74

PRESENT

¶75

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶76

¶77

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶78

FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

¶79

WA.No.2504 OF 2018

¶80

AGAINST THE JUDGMENT DATED 29.01.2018 IN WP(C) 2852/2018(F) OF HIGH COURT OF KERALA

¶81

APPELLANT/S:

¶82

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶83

2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014

¶84

3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

¶85

4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA, ALAPPUZHA-690101.

¶86

BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE

¶87

RESPONDENT/S:

¶88

1 S.LEKHA, W/O. ANILKUMAR, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) C.B.M,. HIGH SCHOOL, P.O. NOORANADU, ALAPPUZHA-690504.

¶89

2 SUHAIL AZEEZ, S/O. ABDUL AZEEZ,L.G.ARABIC TEACHER, C.B.M HIGH SCHOOL, P.O. NOORANADU, ALAPPUZHA-690504.

¶90

[ WA.332/2017, WA.1931/2018,

¶91

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶92

..7..

¶93

3 THE MANAGER, C.B.M HIGH SCHOOL, P.O. NOORANADU , ALAPPUZHA-690504.

¶94

R1-2 BY ADV. SRI.LINDONS C.DAVIS R1-2 BY ADV. SMT.E.U.DHANYA

¶95

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2377/2018, WA.300/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶96

[ WA.332/2017, WA.1931/2018,

¶97

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶98

..8..

¶99

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶100

PRESENT

¶101

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶102

¶103

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶104

FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

¶105

WA.No.300 OF 2019

¶106

¶107

APPELLANT/S:

¶108

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶109

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶110

3 THE DEPUTY DIRECTOR OF EDUCATION KOLLAM DISTRICT - 691 001.

¶111

4 THE DISTRICT EDUCATIONAL OFFICER PUNALUR, KOLLAM DISTRICT - 691 305.

¶112

BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE

¶113

RESPONDENT/S:

¶114

1 A.NAZIYA, DAUGHTER OF ABDU AZEED, PART TIME URDU TEACHER, BOYS HIGHER SECONDARY SCHOOL, PUNALUR, KOLLAM DISTRICT.

¶115

2 THE MANAGER, SNLP SCHOOL VETTIKKATTIRI ATTOOR P.O., THRISSUR DISTRICT - 680 583. (CORRECTED) (THE MANAGER, BOYS HSS, PUNALUR, KOLLAM. THE NAME AND ADDRESS OF RESPONDENT NO.2 IS

¶116

[ WA.332/2017, WA.1931/2018,

¶117

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶118

..9..

¶119

CORRECTED AS PER ORDER DATED 04/06/2019 IN IA.NO.02/2019)

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3 THE HEADMASTER, BOYS HIGHER SECONDARY SCHOOL PUNALUR, KOLLAM DISTRICT - 691 305.

¶121

R2 BY ADV. SRI.C.D.DILEEP

¶122

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH WA.332/2017, WA.1931/2018, WA.2377/2018, WA.2504/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶123

[ WA.332/2017, WA.1931/2018,

¶124

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶125

..10..

¶126

JUDGMENT

¶127

[ WA.332/2017, WA.1931/2018,

¶128

WA.2377/2018, WA.2504/2018, WA.300/2019 ]

¶129

K. Vinod Chandran,J.

¶130

In all of the above appeals, the only

¶131

issue raised by the Government is as to the

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obligation of the Manager to make equal

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appointments from the list of protected

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teachers as proffered by the Government on the appointment of the writ petitioners being approved. Admittedly, the writ petitioners were appointed to additional vacancies during the

¶135

period, in which there was a ban of

¶136

appointments. Later, the Government brought out Government Order, bearing No.G.O(P)

¶137

No.10/10/Gen.Edn. Dated 12.01.2010, permitting

¶138

approval of such appointments made by the

¶139

[ WA.332/2017, WA.1931/2018,

¶140

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶141

..11..

¶142

Managers, but however, on condition of the Managers executing a bond to make equal appointments from the list of protected

¶143

teachers. The Managers did not execute such bond. The teachers approached this Court with writ petitions and this Court directed the appointments to be approved, but did not in the

¶144

impugned judgment, direct the Managers to

¶145

execute the bond nor was a direction issued

¶146

that appointments should be made; deeming the bond to have been executed.

¶147

A Division Bench of this Court in

¶148

State of Kerala and Others v. V.S.Suma Devi

¶149

and others [W.A.No.2111 of 2015] found that

¶150

even in the case of non-execution of bond by the Managers it should be deemed to have been

¶151

executed and they would be obliged to make

¶152

equal number of appointments when the appointments to additional vacancies during the

¶153

[ WA.332/2017, WA.1931/2018,

¶154

WA.2377/2018, WA.2504/2018, WA.300/2019]

¶155

ban period are approved.

¶156

that, herein also, the Managers would be deemed

¶157

to have executed the bond and they would be

¶158

obliged to make appointments from the list of protected teachers, equal to the number of appointments approved during the ban period.

¶159

The writ appeals hence would stand disposed of with the above direction upholding the impugned judgment. No order as to costs.

¶160

Sd/-

¶161

K. VINOD CHANDRAN, Judge.

Sd/-

V.G.ARUN,

Judge.

SB/09/08/2019

The State of Kerala v. a.Naziya

Case brief

What is this about?

What did the court decide?

The State of Kerala v. a.Naziya

Case brief

What is this about?

What did the court decide?

What the court decided

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