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Manager, Ebenezer Higher Secondary School vs State Of Kerala And Ors

High Court Of Kerala · Decided on 11 May 2021 · Citation: (2021) 05 KL CK 0122

HON’BLE JUDGES
T.R Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 11223 Of 2021

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Judgment

15 paragraphs · 301 words
1.

Admit. Government Pleader takes notice for the respondents.

2.

The petitioner is the Manager of an aided school. The petitioner submits that 9 protected teachers were deployed to the petitioner's High school and

they were given appointments on various dates between 30.7.2018 and 19.8.2019, as per orders issued by the 3rd respondent. The details of such

appointments of the deployed teachers have been shown in Exhibit P1. According to the petitioner, as per Exhibits P2 to P4, in deviation of the

Government decisions relating to appointment of protected teachers, the Government has permitted the Managers to furnish an affidavit/undertaking

agreeing to make future appointment from the teacher's bank, instead of making actual appointment during the period 2016-17 to 2019-20. In the

above circumstances, the petitioner submits that he has made Ext.P5 representation before the 1st respondent, requesting to extend the benefits

contained in Exhibits P2 to P4 to the petitioner as well. According to the petitioner, benefits have been extended even to Managers who failed to

actually make appointments of protected hands and since the petitioner had faithfully implemented the Government directions and appointed protected

hands as evident from Exhibit P1, there is no reason to deny the benefits of Exhibit P2 to P4 to the petitioner. The petitioner has moved this writ

petition seeking early disposal of Exhibit P5, before the beginning of the next academic year.

3.

Having considered the submissions made by the counsel for the petitioner and having heard the Government Pleader, this Writ petition is disposed

of directing the 1st respondent to consider and pass orders on Exhibit P5, after providing an opportunity of hearing to the petitioner either in person or

virtually, within one month from the date of receipt of a certified copy of the judgment.

Writ Petition is disposed of as above.