Allowed

Sheeba Magdelin V.J. v. State of Kerala

Kerala HC7 Dec 2023WP(C)/12880/2020

Case brief

AI extract

What is this about?

In two writ petitions by school assistants, the High Court of Kerala allowed appeals regarding non-approval of appointment due to lack of a manager's bond. The Court directed approval by deeming the bond executed as required under the relevant Government Order, ordering monetary benefits within two months.

What did the court decide?

Directing the respondents to approve the appointments of the petitioners from the date of their service, deeming that the Manager has executed the required bond under G.O.(P) No.10/10/G.Edn. dated 12.

Sheeba Magdelin V.J. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 T.R.RAVI

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THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945

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WP(C) NO. 12880 OF 2020

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PETITIONERS:

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1 SHEEBA MAGDELIN V.J. AGED 1 YEARS HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), ST.PETER'S HIGHER SECONDARY SCHOOL, KUMBALANGI, ERNAKULAM DISTRICT-682 007.

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2PHILOMINA SHIRLY,
HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE),
ST.PETER'S HIGHER SECONDARY SCHOOL,
KUMBALANGI, ERNAKULAM DISTRICT-682 007.

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BY ADV P.M.PAREETH

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, ERNAKULAM DISTRICT-682 011.

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4 GENERAL MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF COCHIN, CATHOLIC CENTER, THOPPUMPADY, COCHIN-682 005.

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SMT. K. G. SAROJINI. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2023, ALONG WITH WP(C).12945/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NOs. 12880 & 12945 OF 2020

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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 T.R.RAVI

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THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945

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WP(C) NO. 12945 OF 2020

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PETITIONERS:

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1LITTY JACOB,
HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE),
ST. PETERS HIGHER SECONDARY SCHOOL,
KUMBALANGI, ERNAKULAM DISTRICT 682 007.

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2 MARY SHEEBA N. X., HIGH SCHOOL ASSISTANT (MATHS), ST. PETERS HIGHER SECONDARY SCHOOL, KUMBALANGI, ERNAKULAM DISTRICT 682 007.

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BY ADV P.M.PAREETH

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.

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3 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT 682 011.

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4 GENERAL MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF COCHIN, CATHOLIC CENTER, THOPPUMPADY, COCHIN 682 005. SMT. K. G. SAROJINI. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2023, ALONG WITH WP(C).12880/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NOs. 12880 & 12945 OF 2020

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T.R.RAVI.J

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------------------------------------------------------WP(C) Nos.12880 & 12945 of 2020

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-------------------------------------------------------Dated this the 07^th day of December, 2023

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JUDGMENT

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In both these writ petitions, the petitioners seek

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approval of the appointment for the period prior to 01.06.2011. The approval has been rejected for the reason that

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the Manager has not executed the bond as required under G.O.P)No.10/10/G.Edn. dated 12.01.2010.

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This Court has in several writ petitions held that in

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such cases, all that is required is to deem that the bond has

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been executed by the Manager. I do not find any reason to

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take a different view.

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The writ petitions are hence allowed directing the

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respondents to approve the appointment of the petitioners

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from the date of their appointment, deeming that the Manager

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WP(C) NOs. 12880 & 12945 OF 2020

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4

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has executed a bond as required in G.O(P)No.10/10/G.Edn.

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dated 12.01.2010. Necessary orders shall be issued within one

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month from the date of receipt of a copy of this judgment and

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the monetary benefits shall also be released within one month

thereafter.

Sd/-

T.R.RAVI

JUDGE

WP(C) NOs. 12880 & 12945 OF 2020

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APPENDIX OF WP(C) 12880/2020

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PETITIONERS’ EXHIBITS

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EXHIBIT P1A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED
01.06.2010 IN RESPECT OF THE 1ST PETITIONER WITH
ENDORSEMENT OF APPROVAL DATED 31.1.2012.
EXHIBIT P1(A)A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED
1.6.2010 IN RESPECT OF THE 2ND PETITIONER WITH
ENDORSEMENT OF APPROVAL DATED 31.1.2012.
EXHIBIT P2A TRUE PHOTO COPY OF THE STAFF FIXATION ORDER
DATED 12.8.2010 FOR 2010-11 IN RESPECT OF
ST.PETER'S HIGHER SECONDARY SCHOOL KUMBALANGI.
EXHIBIT P3A TRUE PHOTO COPY OF THE REVISION PETITION DATED
5.3.2018 SUBMITTED BY THE 1ST PETITIONER.
EXHIBIT P4A TRUE PHOTO COPY OF THE REVISION PETITION DATED
5.3.2018 SUBMITTED BY THE 2ND PETITIONER.
EXHIBIT P5A TRUE PHOTO COPY OF THE JUDGMENT DATED 15.3.2018
IN W.P.(C) NO.5258/2018.
EXHIBIT P6A TRUE PHOTO COPY OF THE G.O.(RT)
NO.2669/2018/G.EDN. DATED 17.7.2018.
EXHIBIT P7A TRUE PHOTOCOPY OF THE ORDER NO.
B5/3446/2018/KDIS DATED 08-07-2019 ISSUED BY THE
THIRD RESPONDENT
EXHIBIT P8A TRUE PHOTOCOPY OF THE GO(P) NO. 29/2016/GEDN
DATED 29-01-2016
EXHIBIT P9A TRUE PHOTOCOPY OF THE GO(P) 4/2021/GEDN DATED
06-02-2021

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RESPONDENTS’ EXHIBITS

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EXHIBIT R3(A)TRUE COPY OF THE ORDER NO.B3-6577/2010 DATED
09.12.2010.
EXHIBIT R3(B)TRUE COPY OF THE ORDER NO.B3-6576/2010 DATED
18.12.2010.

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WP(C) NOs. 12880 & 12945 OF 2020

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APPENDIX OF WP(C) 12945/2020

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PETITIONERS’ EXHIBITS

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`EXHIBIT`	`P1`	`A TRUE PHOTO COPY` `DATED 01.06.2010` `PETITIONER WITH E` `20.01.2012.`	`OF THE APPOINTMENT ORDER` `IN RESPECT OF THE 1ST` `NDORSEMENT OF APPROVAL DATED`
`EXHIBIT`	`P1 (A)`	`A TRUE PHOTO COPY` `DATED 01.06.2010` `PETITIONER WITH E` `03.08.2012.`	`OF THE APPOINTMENT ORDER` `IN RESPECT OF THE 2ND` `NDORSEMENT OF APPROVAL DATED`
`EXHIBIT`	`P2`	`A TRUE PHOTO COPY` `DATED 12.08.2010` `ST. PETERS HIGHER` `KUMBALANGI.`	`OF THE STAFF FIXATION ORDER` `FOR 2010-11 IN RESPECT OF` `SECTORING SCHOOL`
`EXHIBIT`	`P3`	`A TRUE PHOTO COPY` `DATED 01.03.2018` `PETITIONER.`	`OF THE REVISION PETITION` `SUBMITTED BY THE 1ST`
`EXHIBIT`	`P4`	`A TRUE PHOTO COPY` `DATED 01.03.2018` `PETITIONER.`	`OF THE REVISION PETITION` `SUBMITTED BY THE 2ND`
`EXHIBIT`	`P5`	`A TRUE PHOTO COPY` `12.03.2018 IN WPC`	`OF THE JUDGMENT DATED` `NO. 6984/2018.`
`EXHIBIT`	`P6`	`A TRUE PHOTO COPY` `2634/2018/GEDN DA`	`OF THE G.O.(RT) NO.` `TED 13.07.2018.`
`RESPONDE`	`NTS’ EXHIBITS`	`: NIL`

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//TRUE COPY// PA TO JUDGE

Sheeba Magdelin V.J. v. State of Kerala

Case brief

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Sheeba Magdelin V.J. v. State of Kerala

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