IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 18706 of 2011(K) -------------------------------- PETITIONER: -------------- P.T.BINDU, WIFE OF CHANDRAPRASAD, AGED 32 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, A.U.P. SCHOOL, POST IRIMBALASSERI, NELLAYA, PALAKKAD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, PALAKKAD DISTRICT-679121. 3. THE MANAGER, A.U.P. SCHOOL, POST IRIMBALASSERI, NELLAYA, PALAKKAD DISTRICT-679335. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18706/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(P) No.10/10/G.EDN. OF GOVT. DTD. 12.1.10. EXT. P2 : COPY OF DECLARATION OF MANAGER DTD. 16.6.11. EXT. P3 : COPY OF LETTER No.62634/J2/10/G.EDN. OF GOVT. DTD. 14.10.10. EXT. P4 : COPY OF ORDER RETURNING THE BOND OF Assistant Educational Officer DTD. 21.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18706 OF 2011 --------------------------------------- Dated this the 15th day of July, 2011. J U D G M E N T The petitioner is working as Upper Primary School Assistant in the A.U.P. School managed by the 3rd respondent. Even though appointment was made from 01.06.2009, it was not approved in the light of the ban order issued by the Government as per G.O.(P) No.317/2005/G.Edn. dated 17.08.2005. 2. By Ext.P1 order dated 12.01.2010, the ban has already been lifted allowing revision of staff fixation orders during the academic years 2006-07 to 2009-10. It is pointed out by the learned counsel for the petitioner that the writ petition challenging the above order has already been dismissed by this Court and Writ Appeal No.705/2011 is pending. The Manager has already filed a declaration. A copy of the same has been produced as Ext.P2 herein. It is mentioned in the said W.P.(C) No.18706/2011 2 declaration that the same will be subject to the result of the Writ Appeal No.705/2011. The complaint raised in the writ petition is that in spite of the same, the Assistant Educational Officer is not passing orders raising a technical plea that the bond executed is a conditional one. 3. Learned counsel for the petitioner points out that even as early as on 14.10.2010, the Government has directed the Director of Public Instruction to act upon the bond executed by the Manager subject to the result of the writ petition. Herein, even if the writ appeal is pending, there is no legal embargo for the Assistant Educational Officer to act upon the declaration and the condition that is put by the Manager is only to safeguard his rights since the writ appeal itself is pending. In that view of the matter, appropriate orders will be passed by the Assistant Educational Officer in accordance with the Rules within a period of one month from the date of receipt of a copy of this judgment. If any further documents are to be submitted by the Manager, it is open to the District Educational Officer to W.P.(C) No.18706/2011 3 require the Manager to produce that documents relating to the appointment, staff fixation etc. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp The words “District Educational Officer” occurring in the fifth line of last paragraph of the judgment dated 15/07/2011 in WP(C) 18706/2011 are corrected and substituted as “Assistant Educational Officer” as per order dated 06/09/2011 in I.A.13997/2011 in WP(C) 18706/2011. Sd/- Registrar (Judicial)