Kerala High Court
T.Sreelatha vs The State Of Kerala on 29 January, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940
WP(C).No.10291 of 2018
PETITIONER/S:
T.SREELATHA, AGED 47 YEARS, W/O.K.VENUKUTTAN,
NELPURACKAL, KAITHAVANA, SANATHAPURAM, ALAPPUZHA -
688 005(LOWER DIVISION CLERK, SNT HIGHER SECONDARY
SCHOOL, NATTIKA, THRISSUR)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION(N),
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE
DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
CHERTHALA - 688 524.
5 THE CORPORATE MANAGER, SN TRUST OF SCHOOLS,
KOLLAM - 691 001.
BY GOVERNMENT PLEADER, SMT.G RANJITA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10291/2018 2
JUDGMENT
The petitioner was appointed as Lower Division Clerk at SNT Higher Secondary School, Nattika. The appointment was on 22.2.2005. This was not approved on account of the fact that the Manager failed to absorb the protected teachers. The respondents have no case that list of protected teachers was furnished to the Manager.
2. The learned Government Pleader submits that the Manager had not approached the Deputy Director of Education to obtain the list of protected teachers.
3. This Court in several judgments had held that it is an obligation on the part of the Educational Authority to furnish the list of protected teachers to the Manager(See the judgment of this Court in Nadeera T.S. and Another v. State of Kerala and Others [2011 (3) KHC 650]. In that view of the matter, the impugned order to the extent denying approval from the initial date of appointment is set aside. The petitioner shall be given approval from the initial date of appointment. Necessary orders shall be passed to approve the appointment of the petitioner within a WP(C).No.10291/2018 3 period of two months. Consequential monetary benefits shall also be released to the petitioner within a further period of three months. The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.10291/2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOITMENT ORDER DATED 22/2/2005 ISSUED BY RESPONDENT NO.5.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO. 46/2006/G.EDN. DATED 1/2/2006.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(MS) NO. 19/09/G.EDN. DATED 9/2/2009 ISSUED BY RESPONDENT NO.1.
EXHIBIT P4 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 1/2/2006.
EXHIBIT P5 TRUE COPY OF THE RULING IN MANAGER, P.K HIGH SCHOOL & OFFERS VS. STATE OF KERALA & OTHERS (2011(4) KLT 365).
EXHIBIT P6 TRUE COPY OF THE RULING IN NADEERA T.S & ANOTHER VS. STATE OF KERALA & OTHERS (2011(3) KLT 790).
EXHIBIT P7 TRUE COPY OF THE RULING IN STATE OF KERALA & OTHERS VS. S. HASEENA & ANOTHER (2013(2) KLT 88).
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 20/3/2015 PASSED BY THIS HON'BLE COURT IN W.P(C) NO.8979 OF 2015(V).
EXHIBIT P9 TRUE COPY OF THE GOVERNMENT ORDER DATED 11/11/2015 PASSED BY RESPONDENT NO.1.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 18/1/2016 PASSED BY THIS DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 16/12/2016 PASSED BY THIS HON'BLE COURT IN W.P(C) NO.38594 OF 2016(Y).
EXHIBIT P12 TRUE COPY OF THE GOVERNMENT ORDER DATED 21/6/2017 PASSED BY RESPONDENT NO.1.
EXHIBIT P12(A) TRUE COPY OF THE REPRESENTATION DATED 6/2/2018 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.
RESPONDENTS EXHIBITS:
//TRUE COPY// P.A.TO JUDGE