Corporate Manager v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 16909 of 2014 (K) ---------------------------- PETITIONER :
--------------------- CORPORATE MANAGER THE CORPORATE MANAGEMENT OF SCHOOLS DIOCESE OF ALLEPPEY, P.B NO 404, ALAPPUZHA PIN- 688001 BY ADVS.SRI.K.T.SHYAM KUMAR SRI.HARISH R. MENON SMT.K.N.SANDHYA KUM.NAYANA K.UMESH RESPONDENT(S) :
----------------------------
1. STATE OF KERALA RERPESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPRUAM, PIN - 695 001.
2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM, PIN - 695 001.
3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOTTAYAM, PIN - 680 002.
R1 TO R3 BY SR. GOVT. PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2015, ALONG WITH WP(C) NO. 18639/2014 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 16909 of 2014 (K) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1 TRUE COPY OF THE GO(MS) NO. 167/11/G. EDN DATED 03-08-2011. EXHIBIT P2 TRUE COPY OF THE PERFORMA FOR REPORTING FIXATION OF STAFF FOR THE YEAR 2011-12 SUBMITTED BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE GO.(MS).NO. 211/2013/G.EDN. DATED 15-07-2013. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 20-07-2013 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTAITON DATED 22-02-2014 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P6 COPY OF GO (MS) NO. 121/2014/G.EDN DATED 3-7-2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 COPY OF THE GO (MS) NO. 398/2002/G.EDN DATED 29-11-2002 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A. MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = W.P.(C) No.16909,18639, 18640, 21859,21875 & 21876 of 2014 = = = = = = = = = = = = = = Dated this the 18 th day of March, 2015
JUDGMENT
Petitioners are Managers of aided Higher Secondary Schools and they have appointed teachers anticipating creation of posts, on account of commencement of classes.
2. Petitioners have approached this Court on account of delay in creating posts in their schools in respect of additional batch sanctioned in the years 2011-12 and 2012-13 by the Government.
3. The learned counsel for the petitioners points out that in spite of lapse of two years, no action has been taken to create posts. The petitioners further point out that though 55 posts of HSST (Jr) were created as per GO(Ms) No.121/2014/G.Edn dated 03.07.2014, the petitioners' schools are singled out for no obvious reasons.
4. The learned Government Pleader points out that there was certain anomaly in sanctioning additional batches accordingly Ext.P5 was issued. Petitioners have certain
W.P.(C) No.16909/14 & con.cases objections regarding exclusion of creation of posts in certain districts.
5. The learned Government Pleader further submits that the matter is now pending for active consideration before the Government and and a decision will be taken by the Government very soon.
6. I am of the view that once additional batch is sanctioned, a decision has to be taken by the Government for creating the posts, otherwise it will affect large number of teachers who were appointed in the school based on the sanction of additional teachers. Therefore, a decision shall be taken by the Government to give effect to the decision of sanctioning additional batches. Appropriate decision shall be taken in this matter by the Government within two months from the date of receipt of a copy of this judgment.
These writ petitions are disposed of. All other issues in these writ petitions shall be kept open.
A. MUHAMED MUSTAQUE, JUDGE sj