Allowed

Ajithanath G., v. the State of Kerala

Kerala HC12 Jan 2021WP(C)/28912/2020

Case brief

AI extract

What is this about?

The Kerala High Court allowed a writ petition seeking appointment approval for six school assistants from their initial dates. The court ruled that appointments must be approved, deeming the bond executed by the school manager, and directed relief within two months.

What did the court decide?

Respondents to approve appointments with effect from initial dates and disburse attendant benefits within two and three months respectively.

Ajithanath G., Vs the State of Kerala — Pension and Retirement Benefits | 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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.28912 OF 2020(L)

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PETITIONERS:

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1 AJITHANATH G., AGED 40 YEARS WIFE OF ADV. S MADHU, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541.

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2 ROSHINI K R HIGH SCHOOL ASSISTANT (MALAYALAM), JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541.

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3 DALI N K HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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4 SREENI S HIGH SCHOOL ASSISTANT (ENGLISH), JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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5 RAGI C UPPER PRIMARY SCHOOL ASSISTANT, JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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6 SREEJAMOL V P UPPER PRIMARY SCHOOL ASSISTANT, JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

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RESPONDENTS:

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

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WP(C).No.28912 OF 2020

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM AT KAKKANAD-682030.

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4 THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.

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5 THE MANAGER

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JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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6 THE PRINCIPAL

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JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, ERNAKULAM DISTRICT-683541

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SR.GP - NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28912 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) call for the records relating to Exhibits P-2, P-5, P-8 and P-12 (a) and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(ii) call for the records relating to Exhibits P-14, P-15, P-16 and P-17 and set aside the originals of the same to the extent it fails to approve the appointments of the Petitioners with effect from the initial dates by the issue of a writ of certiorari or other appropriate writ or order.

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iii) call for the records relating to Exhibit P-22 and set aside the original of the same as far as the Petitioners are concerned by the issue of a writ of certiorari or other appropriate writ or order.

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iv) declare that the Petitioners are entitled to get approval of appointment with effect from the initial dates of appointment.

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v) issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents to approve the appointments of the Petitioners with effect from the initial date of appointments.”

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

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It is submitted by the learned counsel for the petitioners that the petitioners' appointment with effect from the initial date of their

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WP(C).No.28912 OF 2020

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appointments is not approved only on the ground that the Manager has not executed a bond in terms of the G.O.(P).No.10/10/G.Edn. dated 12.01.2010. Ext.P22 order of the Government raises no other ground for refusing to approve the appointment from the date of initial appointment till 31.05.2011. The learned counsel for the petitioners submits that the question stands settled by several judgments of this Court and that the bonds are deemed to have been executed by the Managers and the appointments have been directed to be approved.

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Though the learned Government Pleader submits that the issue should be sent back to the Government for a reconsideration, in view of the fact that the only ground stated in Ext.P22 is that the Manager has not executed a bond in terms of G.O.(P).No.10/10/G.Edn., I am of the opinion that the appointments of the petitioners are liable to be approved deeming that the Manager has executed a bond. Even in case the Manager has challenged the Government Order before the Apex Court, the deeming provision can be operated subject to the orders to be passed in the SLPs, if any, filed by the Managers.

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In the result, the writ petition is allowed. The respondents shall pass orders approving the appointments of the petitioners deeming

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WP(C).No.28912 OF 2020

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that the bond has been executed by the Manager within a period of

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two months from the date of receipt of a copy of this judgment. The attendant benefits, if any, shall be calculated and disbursed to the petitioners within a period of three months thereafter.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.28912 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 05.06.2006.
EXHIBIT P2	TRUE COPY OF THE PROCEEDINGS OF THE DEO VIDE ORDER NO.B1-3721/06/K.Dis DATED 17.02.2007.
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 02.06.2008 AND APPROVAL THEREON.
EXHIBIT P4	TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 05.06.2006.
EXHIBIT P5	TRUE COPY OF THE PROCEEDINGS OF THE DEO VIDE ORDER NO. B-1-3723/2006/K/DIS DATED 17.02.2007.
EXHIBIT P6	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 ALONG WITH APPROVAL THEREON (2ND PETITIONER)
EXHIBIT P7	TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2007.
EXHIBIT P8	TRUE COPY OF THE ORDER NO B1/3428/07/L.Dis DATED 25.01.2008 OF THE DEO.
EXHIBIT P9	TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 02.06.2008 ALONG WITH THE APPROVAL THEREON.
EXHIBIT P10	TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2009 AND APPROVAL THEREON.
EXHIBIT P11	TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 02.06.2008.
EXHIBIT P12	TRUE COPY OF THE ORDER NO. B1/3515/2008/K.Dis DATED 26.08.2008 OF THE DEO ALONG WITH TYPED COPY OF THE ORDER.

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WP(C).No.28912 OF 2020

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EXHIBIT P13	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 OF THE 4TH PETITIONER AND APPROVAL THEREON.
EXHIBIT P14	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE 4TH PETITIONER.
EXHIBIT P15	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 OF THE 5TH PETITIONER DATED 01.06.2009 A
EXHIBIT P16	TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE 6TH PETITIONER AND APPROVAL THEREON.
EXHIBIT P17	TRUE COPY OF THE STAFF FIXATION ORDER 2006-2007 NO.B1-4410/08/D.Dis DATED 08.12.2008(DEO).
EXHIBIT P18	TRUE COPY OF THE STAFF FIXATION ORDER 2007-2008 NO B1/3155/07/D.DIS DATED 03.12.2007 (DEO)
EXHIBIT P18(a)	TRUE COPY OF THE STAFF FIXATION ORDER 2009-2010 NO B1/3380/09/B1 DATED 31.07.2009.
EXHIBIT-P-18(b)	TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 NO D Dis DATED 26.11.2010 (DEO)..
EXHIBIT P-19	TRUE COPY OF THE JUDGMENT IN WA NO.2290/2018 DATED 25.072017 OF THIS HON'BLE COURT.
EXHIBIT-P 19(a)	TRUE COPY OF THE JUDGMENT IN WA NO 2091/2018 DATED 28/06/2019 OF THIS HON'BLE COURT.
EXHIBIT P-20	TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 30.08.2019.
EXHIBIT-P21	TRUE COPY OF THE JUDGMENT IN WP(C) NO.26686/2019 DATED 09.10.2019.
EXHIBIT-P22	TRUE COPY OF THE G O (RT) NOM 2129/2020/G.Edn DATED 23.06.2020 OF THE GOVERNMENT.

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EXHIBIT-P23 TRUE COPY OF THE JUDGMENT IN WPC NO.42110/2018 DATED 04.07.2019. EXHIBIT P24 TRUE COPY OF THE JUDGMENT IN WPC NO 18858/2020 DATED 15.09.2020. EXHIBIT P25 TRUE COPY OF THE JUDGMENT IN WPC NO 20948/2020 DATED 28/10/2020.

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RESPONDENT'S/S EXHIBITS: NIL

Ajithanath G., v. the State of Kerala

Case brief

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Ajithanath G., v. the State of Kerala

Case brief

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