LAWS(KER)-2017-6-259

DEEPTHI V C Vs. ASSISTANT EDUCATIONAL OFFICER

Decided On June 30, 2017
Deepthi V C Appellant
V/S
ASSISTANT EDUCATIONAL OFFICER Respondents

JUDGEMENT

(1.) The petitioners were appointed as LPSA under the 5 th respondent's school as per orders Ext.P1 dated 29.09.2006, Ext.P4 dated 14.11.2007, Ext.P6 dated 09.11.2009 and an order dated 02.06.2008 respectively against anticipated additional division vacancies. Their appointments were not approved on the ground of ban on appointment against additional division vacancies and non execution of bond by the Manager, later in 2010. Their appointments were later approved with effect from 01.06.2011, on introduction of teachers' package.

(2.) The 1 st respondent has filed a counter affidavit stating that appointments of the petitioners were made at a time when there was a ban on appointment in additional division vacancies as per G.O(P). No.317/85/G.Edn dated 17.8.2005. Even though the ban was lifted as per G.O(P).No.10/10/G.Edn dated 12.01.2010, the Manager did not execute a bond agreeing to appoint equal number of protected teachers against additional divisions and to make appointments in the ratio of 1:1 between the fresh appointees and protected teachers against future vacancies. The appointments of petitioners 1 to 3 were approved w.e.f 1.6.2011 on introduction of teachers package. In the case of the 4 th petitioner, it is stated that she was on leave without allowance for the period from 1.6.2011 to 25.10.2011 and, therefore, her appointment was approved on daily wages for the period from 27.10.2011 to 31.3.2012. It is further stated that the Government examined the case of the petitioners and rejected their requests for approval with effect from the initial date of their appointment, as there is no general rule framed by the Government to approve the prior service of the teachers.

(3.) Heard the learned counsel for the petitioners as well as the learned Government Pleader and considered the contentions raised on either side.