Partly allowed

Ershad C.M., v. State of Kerala

Kerala HC8 Jul 2021WP(C)/13608/2021

Case brief

AI extract

What is this about?

The Kerala High Court issued a direction to the State Government to consider and pass orders on a revision petition filed by a teacher seeking deeming of bond execution by the school manager for appointment approval from 01.06.2010.

What did the court decide?

Direction to 1st respondent to consider and pass orders on petitioner's representation deeming manager's bond executed, within three months.

Ershad C.M., Vs State of Kerala — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943 WP(C) NO. 13608 OF 2021

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PETITIONER:

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ERSHAD C.M., AGED 33 YEARS LPST, SSMLP SCHOOL, KODAMUNDA, PALLARIMANGALAM, ERNAKULAM-686 671.

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BY ADVS. AUGUSTINE JOSEPH K.S.ROCKEY TONY AUGUSTINE GEORGE RENOY

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RESPONDENTS:

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

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2 ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM-686 691.

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3 MANAGER, LPST, SSMLP SCHOOL, KODAMUNDA, PALLARIMANGALAM, ERNAKULAM-686 671.

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OTHER PRESENT:

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SRI. T. RAJASEKHARAN NAIR- SR. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13608 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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(i) Issue a writ of mandamus or any other writ, order or direction to the 1^st respondent to consider and pass orders on Ext.P5, in the light of Ext.P3, P4 and deeming that the manager had executed bond, within a time schedule and affording an opportunity of hearing to the petitioner.

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(ii) issue a writ of mandamus to the 2^nd respondent to approve the appointment of the petitioner for the period from 01.06.2010 to 31.05.2011 with all consequential benefits deeming that the manager had executed bond.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner was appointed as LPST in the 3^rd respondent's school in an additional division vacancy w.e.f 01.06.2010. However, the appointment has been approved only w.e.f 01.06.2011. It is submitted that the petitioner is entitled to the approval of appointment deeming that the Manager has submitted a bond to appoint equal number of protected teachers in terms of clause 6 of Ext.P4 Government

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WP(C) NO. 13608 OF 2021

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Order. However, since no action was taken to the approval of appointment of the petitioner from 01.06.2010, the petitioner has moved before the Government with Ext.P5 representation.

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Having heard the learned Government Pleader also, there will be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P5 representation preferred by the petitioner deeming that the Manager has submitted a bond in terms of G.O.(P) No.10/10 Gen.Edn. Dated 12.01.2010 as has been specifically provided in Ext.P4 Government Order. Orders shall be passed within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/08.07.2021

WP(C) NO. 13608 OF 2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE PETITIONER.
Exhibit P2	TRUE COPY OF THE ORDER DATED 24.11.2011 OF THE DISTRICT EDUCATIONAL OFFICER.
Exhibit P3	TRUE COPY OF THE JUDGMENT DATED 25.07.2017 IN WA NO.2290/2015.
Exhibit P4	TRUE COPY OF THE ORDER IN GO(P) NO.4/2021/GEN.EDN. DATED 06.02.2021.
Exhibit P5	TRUE COPY OF THE REVISION PETITION DATED 18.06.2021 PENDING BEFORE THE 1ST RESPONDENT.

Ershad C.M., v. State of Kerala

Case brief

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Ershad C.M., v. State of Kerala

Case brief

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