MANJU ABRAHAM Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as U.P.S.A in the school managed by the 5th respondent Manager with effect from 07.06.2006 against an additional division vacancy. The approval for the appointment of the petitioner was not granted by the 4th respondent District Educational Officer on account of the ban order in G.O.(P) No.317/2005/G.Edn. dated 17.08.2005. The ban imposed in the said Government order was lifted by G.O.(P) No.10/10/G.Edn. dated 12.01.2010. Thereafter, the petitioner was granted approval from 01.06.2011 under 'Teachers Package' vide Government Order dated 01.10.2011. However, approval from 07.06.2006 was declined on the ground that the manager has not executed the required bond and thus her service from 07.06.2006 cannot be approved. In such circumstances, the petitioner has approached this Court in this writ petition seeking a writ of certiorari to quash Exts.P2, P3 and P4 orders and seeking a declaration that she is entitled to get approval for her appointment as U.P.S.A. since 07.06.2006 with salary. The petitioner has also sought for a writ of mandamus commanding the respondents to grant approval for her appointment as U.P.S.A. from 07.06.2006 in view of Exts.P5 to P8 judgments, declaring that the Manager has executed the required bond.

(2.) The 3rd respondent has filed a counter affidavit opposing the relief sought for in this writ petition.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 4 and also the learned counsel for the 5th respondent.