The court reinforced that appointments, though initially non-compliant with bond protocols, can be validated while maintaining government's enforcement rights outlined in the relevant government order.

J U D G M E N T

A.K. Jayasankaran Nambiar, J.

The State and the Officers of the General Education Department are in appeal before us against the judgment dated 28.06.2018 of the learned Single Judge in W.P.(C).No.9350/2013. The writ petition was filed by two High School Assistants, who were appointed as such, in the aided School concerned with effect from 01.06.2010. Their appointment as High School Assistants was by way of promotion from Upper Primary School Assistants, the post that they held in the feeder category. In the writ petition, they claimed approval of their appointments from 01.06.2010, since, it was approved only with effect from 01.06.2011 by the educational authorities, on the contention that there was a ban order in force which prevented the Manager from making the appointments prior to 01.06.2011, and further, the Manager of the School had not executed a bond undertaking that the future vacancies would be filled up only by protected teachers.

W.A.No.2132/2018 :: 4 ::

2. The learned Single Judge disposed the writ petition by following the judgment dated 25.07.2017 of a Division Bench of this Court in W.A.No.2290/2015, where, taking note of the plight of teachers, who had been appointed by Managers of the School, without complying with the obligation to furnish an undertaking as required by the Government Order – G.O.(P)No.10/10/G.Edn. dated 12.01.2010, the Division Bench directed the educational authorities to approve the appointment of the teachers concerned from the respective dates of their appointment, and protected the Government from the errant ways of the Managers by granting it liberty to enforce the provisions of the Government Order dated 12.01.2010, by deeming the Managers as having executed the bond stipulated by the provisions thereof. The learned Single Judge, while allowing the writ petition, and directing the approval of the writ petitioners with effect from 1.6.2010, did not specifically incorporate the second direction that was issued by the Division Bench in the judgment referred above. It is essentially aggrieved by the said latter aspect that the State is in appeal before us, with the limited prayer being that a similar direction deeming the Manager as having executed the bond stipulated by Government Order dated 12.01.2010 be W.A.No.2132/2018 :: 5 ::

incorporated in the instant case as well.

3. When the Writ Appeal came up for orders before another Division Bench of this Court on 26.7.2019, the Bench took note of a Circular of the Government in the General Education Department dated 11.09.2018, which permitted vacancies filled up after 2011-12 till 28.01.2016 to be again approved on similar conditions as in G.O.No.10/2010. Finding that the Circular of the Government in effect allowed further appointments to be made, in violation of G.O.(P).No.10/2010/Gen. Edn., as also taking note of a similar communication issued by the Deputy Director of Public Instructions-in-charge on 26.03.2019, this Court expressed its anguish at the manner in which Officers of the Government had acted in an unscrupulous manner, thereby frustrating the orders of the Government issued under Article 162 of the Constitution of India.

4. When the matter was taken up today, it is submitted by the learned Government Pleader that the offending Circular dated 11.09.2018, as also the communication of the Deputy Director of Public Instructions dated 26.03.2019 have since been withdrawn. Taking note of the said submission of the learned Government W.A.No.2132/2018 :: 6 ::

Pleader, on instructions, and also finding that the appointment of the writ petitioners would not be affected in any way through the deemed execution of the bond/undertaking by the Manager of the School, we deem it appropriate to allow the Writ Appeal to the limited extent of modifying the judgment of the learned Single Judge so as to incorporate the additional finding that the Government will be at liberty to enforce the provisions of the Government Order dated 12.0