2025:KER:26302 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 2511 OF 2025 PETITIONER: JOSHY.N.K AGED 41 YEARS S/O.KURIEN.N.J, RESIDING AT NAMBUSSERIYIL, THARIYODE.P.O., WAYANAD, (PRESENTLY EMPLOYED AS OFFICE CLERK, NIRMALA HIGH SCHOOL, THARIODE.P.O., WAYANAD), PIN - 673575 BY ADVS. V.R.SASSIDHARAN G.SANTHOSH KUMAR (P). RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION THE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD, PIN - 673122 2025:KER:26302 WP(C) NO.2511 of 2025 2 4 THE DISTRICT EDUCATION OFFICER OFFICE OF THE DISTRICT EDUCATION OFFICER, WAYANAD, PIN - 673122 5 THE ASSISTANT EDUCATION OFFICER OFFICE OF THE ASST. EDUCATION OFFICER, WAYANAD, PIN - 673592 6 THE MANAGER NIRMALA HIGH SCHOOL, 8TH MILE, THARIODE.P.O. WAYANAD, PIN - 673589 7 THE HEADMASTER NIRMALA HIGH SCHOOL, 8TH MILE, THARIODE.P.O., WAYANAD, PIN - 673589 SMT.ANIMA M,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26302 WP(C) NO.2511 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 The petitioner states that the petitioner had been appointed as Full Time Contingent Menial on 02.06.2008 in the 6th respondent’s School consequent to the promotion given to Smt.Mary George as Peon. 2. The petitioner’s appointment had not been approved from the date of joining due to various reasons. Nevertheless, he had been erroneously accommodated in a package for non-teaching staff as per Ext.P4 with effect from 06.12.2011 and later updated from 01.06.2010 onwards. The petitioner is seeking regularization and approval of his service from the date of initial appointment with all consequential benefits. 2025:KER:26302 WP(C) NO.2511 of 2025 4 3. The crux of the issue is that the Government issued G.O.(P) No.10/10/G.Edn dated 12.01.2010 for re-deployment of protected Teachers in the Aided Sector and the School Managers had been directed to execute a bond for facilitating re-deployment of Teachers from the protected category followed by a ban on appointment. 4. The present status of the issue of executing bond by School Managers is pending before the Apex Court, as per SLP No.19227/2016. Hence, the prayer is that the petitioner’s appointment may be approved from the date of initial appointment by deeming that the bond has been executed by the 6th respondent as provided in G.O.(P) No.10/10/G.Edn, subject to the outcome of SLP No.19227/2016, contends the petitioner. 5. I have heard the counsel for the petitioner and the Government Pleader representing respondents 1 to 5. 2025:KER:26302 WP(C) NO.2511 of 2025 5 6. The petitioner would submit that the issue involved in the writ petition is covered by Ext.P14 judgment of this Court in W.P.(C) No.21466/2019. 7. W.P.(C) No.21466/2019 has been disposed of with the following directions:- “In the above view of the matter, I am of the opinion that the petitioners are liable to succeed in this writ petition. The writ petition is disposed of directing that the petitioners' appointment shall be approved from the date of their initial appointments by deeming that a bond has been executed by the Manager as provided in G.O.(P) No.10/10/G.Edn. It is made clear that such deeming shall be subject to orders to be passed by the Apex Court in the challenge against the Government Order at the instance of the 3rd respondent in SLP No.19227/2016. Appropriate orders shall be passed by the Educational Authorities within a period of one month from the date of receipt of a copy of this judgment. The attendant benefits shall be calculated and released within a period of three months thereafter.” In the circumstances of the case, I am of the view that the 1st respondent shall consider Ext.P10 Appeal preferred by the petitioner in the light of Ext.P14 judgment of this Court. 2025:KER:26302 WP(C) NO.2511 of 2025 6 The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P10 Appeal in the light of Ext.P14 judgment of this Court and take appropriate decision thereon within a period of three months. Sd/- N.NAGARESH JUDGE hmh 2025:KER:26302 WP(C) NO.2511 of 2025 7 APPENDIX OF WP(C) 2511/2025 PETITIONER’S EXHIBITS Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER BEARING NO.NIL DATED 02-06-2008 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT. Exhibit-P2 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT ISSUED VIDE ORDER NO.D- DIS B1.4098/2008 DATED 14-07-2008. Exhibit-P3 TRUE COPY OF THE ORDER NO.K.DIS.B1- 3756/08 DATED 04-07-2008 OF THE 4TH RESPONDENT. Exhibit-P4 TRUE COPY OF THE RELEVANT EXTRACTS OF THE PACKAGE FOR NON-TEACHING STAFF ORDERED AS PER G.O.(P) NO.108/13/G.EDN DATED 25-03-2013 BY THE 1ST RESPONDENT. Exhibit-P5 TRUE COPY OF THE COMMUNICATION PURSUANT TO AN APPEAL, FORWARDED TO THE DEPUTY SECRETARY, GENERAL EDUCATION, THIRUVANANTHAPURAM. Exhibit-P6 TRUE COPY OF THE LETTER NO.B1/7017/11(5) DATED 05-08-2011 OF THE 3RD RESPONDENT. Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 13-06- 2023 IN W.P.(C) NO.14725 OF 2021 FILED EARLIER BY THE PETITIONER. Exhibit-P8 THE TRUE COPY OF G.O.(RT) NO.1078/2024/GEDN DATED 07-02-2024. 2025:KER:26302 WP(C) NO.2511 of 2025 8 Exhibit-P9 TRUE COPY OF G.O.(M.S) NO.101/2023/GEDN DATED 18-07-2023. Exhibit-P10 TRUE COPY OF THE REPRESENTATION OF THE APPEAL PREFERRED BEFORE THE 1ST RESPONDENT WITH COPY SERVED TO RESPONDENTS 3 AND 4. Exhibit-P11 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C) NO.16789 OF 2024. Exhibit-P12 TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT BEARING NO.DEO/1590/2024/84 DATED 11-12-2024 AND THEREBY DENYING THE APPROVAL AND REGULARIZATION OF THE INITIAL SERVICE RENDERED FROM 02-06-2008 TO 31-05- 2010. Exhibit-P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE SCHOOL ATTENDANCE REGISTER. Exhibit-P14 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P(C) NO.21466 OF 2019 (G). Exhibit-P15 TRUE COPY OF PROCEEDINGS NO.K-DIS/8488/2019/B4 DATED 05-10-2020 OF THE 3RD RESPONDENT.