GIRIJA DEVI E Vs. STATE OF KERALA

JUDGEMENT

(1.) By Ext.P1 order the petitioner was appointed as LPSA in an additional division vacancy with effect from 20/7/2007 at the V.V. Lower Primary School, Chunangad an aided school under the management of the 4th respondent. Her grievance in this writ petition concerns the non-approval of her appointment from 20/7/2007 to 31/5/2011, on which day, the petitioner was included in the Teachers Package and her appointment was approved.

(2.) It is contended by the petitioner that the Government had, as per G.O(P)No.317/2005/G.Edn.dtd. 17/8/2005, imposed a ban on the appointment of teachers and non-teaching staff in additional division vacancies. Later, by G.O.(P) No.10/10/G.Edn. dtd. 12/1/2010, the ban on appointments was lifted subject to certain conditions. One among the conditions was that the Managers should execute a consent letter undertaking that in future vacancies, protected teachers equal to the number of teachers, appointed to the additional division vacancies during the period 2006-07 to 2009-10, would be appointed. The 4th respondent failed to execute the bond as required in the Government Order. Thereafter, the Government issued G.O.(P)No.199/2011/G.Edn dtd. 1/10/2011 approving the recommendations for implementation of the comprehensive teacher's package for appointment of deployed/protected teachers. The petitioner was also included in the package and her appointment was regularised with effect from 1/6/2011. According to the petitioner, similarly placed teachers had approached this Court and by various judgments, this Court had directed the respondents to approve the appointment from the date of appointment by deeming that the manager had executed the bond. The petitioner contends that relying on the law laid down by this Court, the petitioner has preferred a revision petition before the 1st respondent. It is in the afore circumstances that the petitioner is before this Court seeking a direction to the 1st respondent to consider and pass orders in the revision petition.

(3.) Dr. George Abraham, the learned counsel appearing for the petitioner submitted that it is settled by now that even in cases wherein, bonds have not been executed by the Manager, the Managers would be deemed to have executed the bond and they would be obliged to make appointments from the list of protected teachers, equal to the number of appointments approved during the ban period.