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Showing contexts for: protected teacher in Joshy N.K vs State Of Kerala on 13 June, 2023Matching Fragments
iv) to issue a writ of mandamus directing the respondents to disburse arrears of salary and other service benefits from 02.06.2008 to the petitioner on approving his appointment as prayed in prayer no.
(iii);
v) To issue such other orders, directions or writs as may be prayed for under the facts and circumstances of the case." (SIC)
2. The petitioner is working as full time menial in the 6th respondent's school. It is submitted that Ext.P1 appointment order would show that his appointment was w.e.f 02.06.2008. It is also submitted that the 6 th respondent earmarked vacancies for appointment of protected teachers from the year 2010 onwards. It is also the case of the petitioner that the 6th respondent also executed bond to the effect that he is willing and ready to appoint a protected teacher. But the petitioner's appointment was approved only from 01.06.2011. He is aggrieved by the denial of approval with effect from the date of his appointment i.e, from 02.06.2008. It is also submitted that, there was no list of protected teachers forwarded by the Educational Officer to the Manager during the relevant time. Hence, this writ petition.
3. Heard the counsel for the petitioner and the learned Government Pleader.
4. I think the point raised by the petitioner in this writ petition is covered in favour of the petitioner in the judgment of this Court in Nadeera vs. State of Kerala (2013 (2) KLT 88). In the above case, it is stated that, if no list of protected teachers are supplied by the Educational Authority to the Manager during the relevant time, there is no bar in approving the appointment. Admittedly, as on the date of appointment of the petitioner, there is no list of protected teachers supplied by the Educational authority to the petitioner. In such circumstances, I am of the considered opinion that the proposal for approval is to be reconsidered. To facilitate the same, Ext.P1 to the extent the approval rejected for the period from 02.06.2008 to 01.06.2011 can be set aside and the Government can be directed to reconsider the matter.