JIKSY JOSE CHOONDAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as UPSA in an aided School under the 4 th respondent, was appointed as such as per Exts.P1 order of the Manager on 13.06.2007, in an additional division vacancy. From 03.06.2008 onwards she was shifted to a retirement vacancy, as per Ext P2 order. Her appointment against the retirement vacancy was initially approved on daily wages for the period from 3.6.2008 to 31.03.2009 and on regular scale of pay from 01.06.2009 onwards. Later approval was granted on regular scale of pay from 03.06.2008. This writ petition is filed praying for a direction to the respondents to approve her appointment from 13.06.2007 onwards, while challenging the orders rejecting approval from the initial date of her appointment in Ext P1.

(2.) The order approving her appointment on regular scale of pay from 3.06.2008 was issued on 18.01.2016, based on the orders passed in her revision petition before the Government. The petitioner claims approval of her appointment from 13.06.2007.

(3.) The 3 rd respondent has filed a counter affidavit saying that the appointment on 13.06.2007 was against additional division vacancy, overlooking the ban on appointments ordered in G.O. (P) No. 317/85/G.Edn dated 17.08.2005 issued by Government. Thereafter Government had by G.O.(P) 10/10/G.Edn dated 12.01.2010 lifted the ban on condition that the Managers of these Schools shall execute a bond agreeing to accommodate equal number of protected teachers against future vacancies and thereafter a ratio of 1:1 shall be maintained between the fresh appointees and protected teachers, while filling up the vacancies arising thereafter. The Manager did not execute any bond in this case.