High Court of KeralaWP(C)/11241/2015disposed of

Arun Babu v. State Of Kerala

2015-04-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11241 of 2015 (E) ---------------------------- PETITIONER(S):

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1. ARUN BABU T.

S/O.BABU T.

HIGHER SEDENTARY SCHOOL TEACHER (JUNIOR) ECONOMICS SREE VIVEKANANDA HIGHER SECONDARY SCHOOL PALAMEDU MALAPPURAM.

2. SARITHA P.

HIGHER SEDENTARY SCHOOL TEACHER (JUNIOR) HISTORY SREE VIVEKANANDA HIGHER SECONDARY SCHOOL PALAMEDU MALAPPURAM.

BY ADVS.SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA RESPONDENT(S):

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1. STATE OF KERALA REP.BY ITS EDUCATION SECRETARY SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM 695001.

3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY SCHOOL SECTION, B2 BLOCK CIVIL STATION MALAPPURAM - 676 505.

4. THE PRINCIPAL SREE VIVEKANANDA HIGHER SECONDARY SCHOOL PALAMEDU MALAPPURAM - 679 331.

R BY GOVERNMENT PLEADER (SR): ADV SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11241 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1 - PHOTOCOPY OF THE APPOINTMENT ORDER DATED 09.09.2013 OF THE 1ST PETITIONER.

EXT.P2 - PHOTOCOPY OF THE APPOINTMENT ORDER DATED 09.09.2013 OF THE 2ND PETITIONER.

EXT.P3 - PHOTOCOPY OF THE PROPOSAL DATED 06.08.2014 OF DIRECTOR OF HIGHER SECONDARY EDUCATION.

EXT.P4 - PHOTOCOPY OF THE ORDER DATED 23.10.2014 APPROVING THE APPOINTMENT OF SRI.SUNIL BABU K.C.

EXT.P5 - PHOTOCOPY OF THE ORDER DATED 03.09.2014 APPROVING THE APPOINTMENT OF SRI.MAHESH MATHEW RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11241 of 2015 ============================ Dated this the 07th day of April, 2015

JUDGMENT

Petitioners approached this Court aggrieved by non-approval of their appointments as HSST Junior in History and Economics in the Sree Vivekananda Higher Secondary School, Palamedu. Petitioners claim that they were appointed in open vacancies. Petitioners rely on proposal forwarded by the Director of Higher Secondary Education recommending sanctioning of additional posts to the school. Therefore petitioners submit that Government may be directed to take a decision on Ext.P3 and approve the appointments of petitioners accordingly.

Learned counsel for the petitioners points out Exts.P4 and P5 and submits that other teachers were appointed in the school on the same day in Arabic and Commerce. Government accorded sanction for creating posts and therefore, there is no reason for denying sanctioning of the posts to which petitioners were appointed.

Learned Government Pleader opposed the prayer and submits that appointments of the petitioners itself are irregular.

W.P(C).No.11241 of 2015 It is further submitted that no post was created by the Government and therefore petitioners cannot claim any right for approval of appointments.

In the circumstance, I am of the view, since Ext.P3 recommendation is pending before the Government, Government will have to take a decision in the matter for creating posts and approval will be depend upon such decision of the Government. In view of the matter, there shall be a direction to the Government to take appropriate decision on Ext.P3 within a period of three months from the date of receipt of a copy of this judgment. Petitioners may be heard before a final decision is taken in the matter.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/07/04/15