KAVYA P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner had been appointed as LPSA in the Poomangalam UP School, Thaliparamba with effect from 22.06.2009 by the Manager. The petitioner had been continuing in the post of LPSA without any break. It is submitted that the appointment was approved only from 01.06.2011 in the light of the ban and on the ground that the Manager had not executed a bond in terms of G.O.(P) No.10/10/G.Edn. dated 12.01.2010. It is stated that the order passed by the AEO to the extent it refused to approve the appointment of the petitioner with effect from 22.06.2009 was illegal and unsustainable. It is submitted that in identical situations this Court by Ext.P3 and P4 judgments had held that in cases of teachers appointed prior to the date of G.O. (P) No.10/10/G.Edn. i.e., 12.01.2010, where the Manager fails to execute the bond for filling up future vacancies in the ratio 1:1, the appointments could be approved deeming that the Manager had executed such a bond and that the obligation of the Manager to appoint protected teachers against 50% of the future vacancies would thus be in force. The educational authorities were directed to approve the appointments and to disburse salary to the teachers who had been appointed prior to 01.06.2011, taking note of their initial date of appointment itself. It is submitted that the appeals preferred by the Government against the such judgment had also ended in dismissal. It is submitted that further general orders and circulars had been issued by the Government stating that the appointments could be approved from the initial date of appointment itself and that the deemed bond would be applicable against vacancies arising after 11.09.2018.