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Manager. a.U.P.Shcool v. State of Kerala

Kerala HC25 Jan 2021WP(C)/7868/2020

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting the manager's appointment proposals solely because the manager had not executed a bond. The Court directed the Government to reconsider the proposals, afforded opportunities of hearing to the manager and teachers, deemed the bond executed, and set a three-month deadline for a final order.

What did the court decide?

The impugned order (Ext.P14) was set aside. The Government was directed to reconsider appointment proposals within three months after deeming the bond executed and affording a hearing.

Manager. a.U.P.Shcool Vs 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 MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

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WP(C).No.7868 OF 2020(G)

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PETITIONER:

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MANAGER. A.U.P.SHCOOL

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MUTHUTHALA, PATTAMBI, PALAKKAD 679 303.

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BY ADVS. SRI.S.M.PREM

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SRI.P.RAMACHANDRAN (PALAKKAD) SRI.H.NARAYANAN

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O. THIRUVANANTHAPURAM 695 014.

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3 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD 679 101.

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4 ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD 679 303.

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OTHER PRESENT:

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SRI. SUNIL KUMAR KURIAKOSE (GP)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7868 OF 2020(G)

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J U D G M E N T

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The Manager of A.U.P.School, Muthuthala, Palakkad, has

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approached this Court, impugning Ext.P14 order of the Government, as per which, certain appointments made by him have been rejected solely for the reason that he had not executed a bond in terms of G.O.(P)No.10/10/G.Edn. dated 12.01.2010. The petitioner says that the appointments made by him through Exts.P4 to P12 are valid in law and that the Government ought to have approved the same, even deeming that he had executed a bond in terms of the afore Government Order. The petitioner, therefore, prays that Ext.P14 be set aside and the respondents be directed to approve the appointments made by him through Exts.P4 to P12, along with all monetary benefits.

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In response to the afore submissions made on behalf of the petitioner by his learned counsel - Sri.S.M.Prem, the learned Government Pleader - Sri.Sunil Kumar Kuriakose, submitted that Ext.P14 has been issued validly and after taking into account all necessary factual circumstances, because the Manager had not appointed equal number of protected

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WP(C).No.7868 OF 2020(G)

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teachers against the vacancies available. The learned Government Pleader submitted that, as has been averred in the counter affidavit filed on behalf of the 4^th respondent, the Manager refused to execute a bond in terms of the afore mentioned Government Order and therefore, that the Authorities had no other option but to reject the proposals presented by him for approval. The learned Government Pleader, therefore, prays that this writ petition be dismissed.

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Even when I hear the learned Government Pleader on the afore lines, it is now too well settled, for requirement of reinstatement, that even in cases where the Manager has not executed a bond, the Government has the liberty to deem that he/she has executed the same and to deal with the proposals for approval of appointments made in terms of law.

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However, going by the impugned order, all what is stated therein is that since the Manager has not executed the bond, approval of appointments made by him cannot be granted. I am afraid that this view in Ext.P14 cannot find favour in law and am therefore, constrained to order this writ petition accordingly.

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WP(C).No.7868 OF 2020(G)

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In the afore circumstances, I set aside Ext.P14 and direct the Government to reconsider the proposals for approval of the appointments made by the Manager through Exts.P4 to P12, after affording an opportunity of being heard to him as also the concerned Teachers - either physically or through video conferencing - thus culminating in an appropriate order thereon, as expeditiously as is possible but not later than three months from the date of receipt of a copy of this judgment.

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Needless to say, while the afore exercise is completed by the Government, they will be at liberty to deem that the petitioner - Manager has executed a bond in terms of the G.O. (P)No.10/10/G.Edn. dated 12.01.2010.

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This writ petition is thus ordered.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.7868 OF 2020(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/C/5489/2017 DATED 07.2.2017 ISSUED BY THE 4TH RESPDOENT AEO FOR THE YEAR 2017-18.
EXHIBIT P2	TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/C/2415/2018 DATED 03.7.2018 ISSUED BY THE 4TH RESPONDENT AEO FOR THE YEAR 2018-198.
EXHIBIT P3	TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/C/50860/2019 DATED 17.07.2019 ISSUED BY THE 4TH RESPONDENT AEO FOR THE YEAR 2019-20.
EXHIBIT P4	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. P.R. NEERAJA AS UPSA WITH EFFECT FROM 06.06.2017.
EXHIBIT P5	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. J. SREEJA AS LPSA WITH EFFECT FROM 12.06.2017.
EXHIBIT P6	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. ROSHNI NAMBEESANA S LPSA WITH EFFECT FROM 12.06.2017.
EXHIBIT P7	TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI.C.P. SAJEEV AS UPSA WITH EFFECT FROM 27.06.2017.
EXHIBIT P8	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. K. LIJI AS UPSA WITH EFFECT FROM 18.07.2017.
EXHIBIT P9	TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI. M.H VASUDEVANA S LPSA WITH EFFECT FROM 20.07.2017.
EXHIBIT P10	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT. M.P. PREETHI AS HINDI TEACHER WITH EFFECT FROM 01.11.2017.
EXHIBIT P11	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.K.R. REMYA AS UPST WITH EFFECT FROM 10.06.2019.
EXHIBIT P12	TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.K. SHIBI ARAVIDNA S UPST WITH EFFECT FROM 10.06.2019.

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WP(C).No.7868 OF 2020(G)

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EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 06.11.2019 PASSED IN WPC NO. 29836 OF 2019. EXHIBIT P14 TRUE COPY OF ORDER NO. B4/7276/2019 DATED 01.02.2020 ISSUED BY THE 32RD RESPONDENT DEO. EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 25.07.2017 PASSED IN W.A. NO. 2290 OF 2015.

Manager. a.U.P.Shcool v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manager. a.U.P.Shcool v. State of Kerala

Case brief

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What did the court decide?

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