IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 24130 of 2011(M) --------------------------------- PETITIONERS: ---------------- 1. SAVITHA S., W/O.RAJESH GOVIND, AGED 28, 'UTHRADAM', KALATHIPARAMBU, THIRUMALABHAGOM P.O., THURAVOOR. 2. VINEETHA M. PAI, W/O.G.RAJESH, AGED 28, NOW RESIDING AT 'GANGA VIHAR', EAST GATE, A.N.PURAM, ALAPPUZA. BY ADV. SRI.RAMANARAYANA PRABHU SMT.NISHITHA B.BHAT RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT-1. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT-11. 4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA-688524. 5. THE CORPORATE MANAGER, T.D.SCHOOLS, THURVAOOR, ALAPPUZHA-688540. BY ADVS. SRI.V.A.MUHAMMED FOR R5. SRI.V.RAJASEKHARAN NAIR FOR R5. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011 ALONG WITH WP(C) Nos.27076 & 27766 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24130/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT FOR APPROVAL OF APPOINTMENT OF THE IST PETITIONER. EXT.P2 THE TRUE COPY OF THE APPOITNMENT ORDER OF THE 2ND PETITIONER. EXT.P3 THE TRUE COPY OF THE INTERIM ORDER IN WPC.4067/10. EXT.P4 THE TRUE COPY OF THE STAFF FIXATION ORDER. EXT.P5 THE TRUE COPY OF THE STAFF FIXATION ORDER. EXT.P6 THE TRUE COPY OF THE GOVERNMENT LETTER DATED 25/7/2011. EXT.P7 THE TRUE COPY OF THE GOVERNMENT LETTER DATED 14/10/2010. EXT.P8 THE TRUE COPY OF THE APPROVAL ORDER OF SRI.SANDEEP. EXT.P9 THE PHOTOCOPY OF THE JUDGEMENT IN WPC.20037/2009. EXT.P10 THE PHOTOCOPY OF THE JUDGEMENT IN WPC.16337/2009. EXT.P11 THE PHOTOCOPY OF THE JUDGEMENT IN WPC.21807/2011. EXT.P12 THE PHOTOCOPY OF THE DECLARATION SUBMITTED BY THE 5TH RESPONDENT. EXT. P13 COPY OF ORDER DTD. 2.6.08 OF SRI.UMESH. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.24130, 27076 & 27766 OF 2011 --------------------------------------- Dated this the 25th day of October, 2011. J U D G M E N T All these writ petitions concern claim for approval of appointments made by the Corporate Manager, T.D. Schools, Thuravoor in Alappuzha District. 2. In W.P.(C) No.27076/2011, the petitioner was appointed as Upper Primary School Assistant from 01.06.2009 in the T.D. Higher Secondary School, Alappuzha against an additional division vacancy during 2009-2010 as per Ext.P1 order. She has since been re-appointed to T.D. Teachers' Training Institute, Thuravoor, another school under the 4th respondent on 01.06.2010 by Ext.P1(a) order. 3. It is the common case of the parties that the Government issued G.O.(P) No.10/10/ G.Edn dated 12.01.2010, lifting the ban order. Therein there is a direction to approve the appointments made in additional division vacancies during 2006- 2007 to 2009-2010 provided the Managers submit an agreement W.P.(C) No.24130/2011 & conn. cases 2 in stamp paper attested by the Notary Public to the effect that they will appoint equal number of protected teachers from the academic year 2010-2011 onwards. It appears that the 4th respondent Manager filed W.P.(C) No.4067/2010 wherein Ext.P2 interim order produced in W.P.(C) No.27076/2011 was passed. The District Educational Officer, Alappuzha was directed to approve the appointments made by the petitioner (Manager) during the years 2006-2007 to 2009-2010 on condition that the petitioner complies with all the conditions in G.O.(P) No.10/10/G.Edn dated 12.01.2010. It was made clear that the undertaking will be subject to the result of the writ petition. 4. In terms of G.O.(P) No.10/10/G.Edn dated 12.01.2010, by Ext.P3 order, the District Educational Officer has re-fixed the staff strength of T.D. Higher Secondary School, Alappuzha for the year 2009-2010. Ext.P4 is the copy of the declaration submitted by the Manager. Ext.P5 is the communication issued by the Government stating that conditional bonds cannot be accepted. Later the Government by Ext.P6 letter dated 14.10.2010 issued a clarification to the Director of Public Instruction stating that W.P.(C) No.24130/2011 & conn. cases 3 conditional bonds could be accepted. The writ petition filed by the Manager namely, W.P.(C) No.4067/2010 has since been disposed of along with other writ petitions by a common judgment. The Writ Appeals from the said judgment is now pending. Aggrieved by the delay in taking steps in the matter, this writ petition has been filed. 5. The petitioner in W.P.(C) No.27076/2011 relies upon Exts.P7 and P8 which are judgments rendered by this Court directing approval of certain appointments by treating that the Manager executed the bonds. Ext.P9 is the order passed by the District Educational Officer, Cherthala in respect of one Sri.Sandeep whose appointment from 01.06.2009 in the T.D. Higher Secondary School, Thuravoor has been approved. Ext.P10 is the judgment rendered by this Court in W.P.(C) No. 21807/2011 wherein four teachers approached this Court seeking for identical reliefs and this Court directed the 3rd respondent therein 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 bond submitted by the W.P.(C) No.24130/2011 & conn. cases 4 Manager within a period of one month from the date of receipt of a copy of the judgment. Thereafter, orders have been passed by the District Educational Officer, Alappuzha as per Exts.P11 to P14 approving their appointments. 6. In W.P.(C) No.27766/2011 also, similar facts have been pleaded. Therein the appointment is with effect from 01.06.2008 in the T.D. Higher Secondary School, Alappuzha against an additional division vacancy during 2008-2009. Ext.P1 is the copy of the appointment order. In W.P.(C) No.24130/2011, the petitioners have been appointed as per Exts.P1 and P2 orders by the Manager as Upper Primary School Assistants from 02.06.2008 in the T.D. Higher Secondary School, Alappuzha. Therein also, the petitioners are relying upon Ext.P11 judgment rendered by this Court in W.P.(C) No.21807/2011. It is pointed out that all the petitioners therein are juniors to the petitioner and their appointments have already been approved. 7. Heard the learned counsel for the petitioners, learned counsel appearing for the Manager and the learned Government Pleader. W.P.(C) No.24130/2011 & conn. cases 5 8. In the counter affidavit filed by the 3rd respondent in W.P.(C)No.27766/2011, mainly it is pointed out that the conditional bond submitted by the Manager is not acceptable. The reason pointed out therein is that the Manager has acted against the undertaking by appointing fresh hands in the additional division vacancies during 2010-2011. In terms of the undertaking given by the Manager, he has to appoint protected teachers in those vacancies and the vacancies for the year 2011- 2012. Reference is also made to the new Government Order namely, G.O.(P) No.199/11/ G.Edn dated 01.10.2011 wherein also the name of the petitioner in W.P.(C) No.27766/2011 has been included. It is also pointed out that the petitioner therein is working in a school under the control of the District Educational Officer, Cherthala from 01.06.2011. 9. I have considered the rival submissions. This Court has already considered identical matters in various writ petitions including in the judgment in W.P.(C) No. 21807/2011 relied upon by the learned counsel for the petitioner. It is a case where the Manager, in terms of the interim order passed by this Court, W.P.(C) No.24130/2011 & conn. cases 6 submitted a declaration. Of course, it was made under the circumstance that the Government Order itself was under challenge in the writ petition filed by the Manager. The terms of the bond are evident from Ext.P4 in W.P.(C) No.27766/2011. It is declared in Ext.P4 thus: “I further declare that I will comply the conditions envisaged in Para (VI) in G.O.(P) No.10/10/G.Edn dated 12-01-2010 in additional division vacancies arising in the Schools under this Corporate Management in future”. 10. The first paragraph of Ext.P4 itself will show that the Manager has agreed to appoint protected teaching and non- teaching staff in the new arising vacancies in any Schools under the Corporate Management from the academic year 2010-2011, as equal to the number of Teachers appointed in Schools under the Corporate Management against the additional division vacancies from the year 2006-07 to 2009-10, as required in Para (V) of the G.O.(P) No.10/10/G.Edn dated 12.01.2010. Therefore, the objection that it is a conditional bond and it is subject to the result of W.P.(C) No.4067/2010 need not stand in the way of approving the appointment of the petitioners. The Writ Appeal from the judgment is still pending. The Government has also W.P.(C) No.24130/2011 & conn. cases 7 clarified the matter as evident from Ext.P6 produced in W.P.(C) No.27076/2011. 11. The next objection taken in the counter affidavit that the Manager has appointed fresh hands in the additional division vacancies from 2010-2011 onwards need not deter the authorities from approving the appointment of the petitioner. The Manager will have to appoint protected teachers in terms of G.O.(P) No.10/10/G.Edn dated 12.01.2010 for which a list of protected teachers has to be communicated by the Deputy Director of Education concerned with a specific direction to appoint such and such protected teachers in the school. Learned counsel for the Manager submitted that no such list has been forwarded so far. While approving the appointment of the petitioners, the Deputy Director of Education or the District Educational Officer as the case may be can stipulate that the vacancies from 2010-2011 onwards will be filled up by equal number of protected teachers and they can refuse to approve the appointment of any fresh hands in such vacancies. In that view of the matter, these writ petitions are disposed of with the W.P.(C) No.24130/2011 & conn. cases 8 following directions: The original of the bond produced by the Manager will be accepted and the appointment of the petitioners in all these writ petitions will be approved subject to the condition that the Manager will appoint equal number of protected teachers in the vacancies from 2010-2011. Appropriate orders will be passed within a period of three weeks from the date of receipt of a copy of this judgment. The Deputy Director of Education will communicate the list of protected teachers to be appointed by the Manager simultaneously. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp