IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 21807 of 2011(A) ---------------------------------------- PETITIONER(S): ----------------------- 1. UMESH.J, S/O. R. JAYAKUMAR, AGED 28 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, T.D. HIGHER SECONDARY SCHOOL, ALAPPUZHA -11. 2. UNNIKRISHNAN.K.M, S/O.K.K. MANI, AGED 27 YEARS, PHYSICAL EDUCATION TEACHER, T.D. HIGHER SECONDARY SCHOOL, ALAPPUZHA -11. 3. SUJITH KUMAR.S, HIGH SCHOOL ASSISTANT (ENGLISH) T.D HIGHER SECONDARY SCHOOL, ALAPPUZHA -11. 4. ARUN.R, S/O. G. RAVEENDERAN PILLAI, AGED 27 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH) T.D HIGHER SECONDARY SCHOOL, ALAPPUZHA -11. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT -1. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT -11. 4. THE CORPORATE MANAGER, T.D. SCHOOLS, THURAVOOR,ALAPPUZHA -688 540. R1 TO R4 BY GOVERNMENT PLEADER SRI. V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21807/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DTD. 02/06/2008. P2: COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DTD. 01/06/2009. P3: COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DTD. 16/10/2008. P4: COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DTD. 29/05/2009. P5: COPY OF THE INTERIM ORDER IN WPC.NO.4067 OF 2010 G DTD. 13/07/2010. P6: COPY OF THE ORDER NO.B3-341/2010(1) OF THE DIST.EDUCATIONAL OFFICER DTD. 22/07/2010. P7: COPY OF THE ORDER NO.B3- 341/2010 (2) OF THE DIST.EDUCATIONAL OFFICER DTD. 22/07/2010. P8: COPY OF THE DECLARATION OF THE MANAGER DTD. 24/01/2011. P9: COPY OF THE DECLARATION OF THE MANAGER DTD. 24/01/2011. P10: COPY OF THE DECLARATION OF THE MANAGER DTD. 24/01/2011. P11: COPY OF THE DECLARATION OF THE MANAGER DTD. 24/01/2011. P12: COPY OF THE LETTER NO.16774/H2/2011/G.EDN. OF THE GOVERNMENT DTD. 25/07/2011. P13: COPY OF THE LETTER NO.62634/J2/10/G.EDN. OF THE GOVERNMENT DTD. 14/10/2010. P14: COPY OF THE JUDGMENT IN WP(C) NO.20037/2009 Y DTD. 08/07/2010. P15: COPY OF THE JUDGMENT IN WPC.NO.16337 OF 2009 J DTD.09/07/2010. P16: COPY OF THE ORDER OF APPOINTMENT AND THE APPROVAL THEREOF DTD. 25/01/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21807 OF 2011 --------------------------------------- Dated this the 20th day of August, 2011. J U D G M E N T The petitioners are various teachers appointed by the Manager namely, the 4th respondent on different dates in the additional division vacancies. They have been appointed during the years 2008-09 and 2009-10 respectively. The issue pertains to the non grant of approval in spite of execution of bonds by the Manager as provided under G.O.(P) No.10/10/G.Edn. dated 12.01.2010. 2. It is pointed out that the Manager had filed a writ petition as W.P.(C) No.4067/2010 challenging the said Government Order and this Court passed an interim order as per Ext.P5 in it. Therein, a direction was issued to the District Educational Officer to approve the appointments made by the petitioner Manager during the years 2006-07 to 2009-10 on condition of execution of bond as provided under the Government Order dated 12.01.2010. It was also clarified that the W.P.(C) No.21807/2011 2 undertaking given by the petitioner Manager in terms of the conditions in the said Government Order will be subject to the result of the writ petition. Exts.P6 and P7 are the staff fixations orders for the years 2008-09 and 2009-10. Exts.P8 to P11 are the declarations submitted by the Manager in terms of the Government Order dated 12.01.2010 in the required stamp paper. Initially, as per Ext.P12, the 1st respondent informed the 1st petitioner that the conditional bonds are not acceptable. The petitioners point out that by Ext.P13 letter, the Government itself had clarified that the declarations in terms of the interim order passed by this Court can be accepted. 3. The writ petition filed by the Manager has been dismissed along with a batch of cases. The grievance is that even now no action has been taken to approve the appointments. 4. Learned Government Pleader submitted that Exts.P12 and P13 conveyed contrary informations and it is in that context conditional bonds were not accepted. It is further pointed out that the Manager has made various appointments after 2010. 5. Evidently, a reading of the bond shows that the Manager has agreed to comply with the conditions in G.O.(P) W.P.(C) No.21807/2011 3 No.10/10/G.Edn. dated 12.01.2010. Merely because of a statement that the bond will be subject to the disposal of W.P.(C) No.4067/2010, it will not be a conditional one in the light of the first two paragraphs therein. It is mentioned in the bond that the Manager will comply the directions in the Government Order. 6. Evidently, the Manager was permitted to give the undertaking as per the interim order passed by this Court as per Ext.P5. Incorporation of a condition that submission of bond will be subject to the outcome of the writ petition cannot be a restraint so as to affect the power of the educational officers concerned to accept the same and to grant approval. Therefore, there will be a direction to the 3rd respondent to take up the proposals submitted by the Manager in respect of the petitioners and pass appropriate orders with regard to the grant of approval in the light of the bonds submitted by the Manager within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp