Kerala High Court
Rency Johnson vs The State Of Kerala Represented By ... on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.18335 OF 2011(N)
PETITIONER:
RENCY JOHNSON, HSST JR (MALAYALAM)
ST. MARY'S HIGHER SECONDARY SDCHOOL,
ARAKUZHA, ERNAKULAM DISTRICT.
BY ADVS.
SRI.P.J.MATHEW
SRI.THOMAS JOHN AMBOOKEN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE
SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,, ERNAKULAM - 682 030.
4 SECRETARY, CORPORATE EDUCATIONAL AGENCY,,
DIOCESE OF KOTHAMANGALAM - 686 691.
BY ADVS.
SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.P.M.MANOJ-SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18335/11
2
JUDGMENT
The petitioner says that she is working as
a Higher Secondary School Teacher (Junior)
(HSST (Jr)) in Malayalam in 'St.Mary's Higher
Secondary School', Arakuzha, with effect from
07.08.2008 and that said post was available in
the Staff Fixation Orders for the period from
2002-03 to 2006-07. She says that, however, it
was later found that the posts of HSST (Jr) in
Malayalam and English were not sanctioned by
the Government and therefore, that the Staff
Fixation Orders were withdrawn; and she
alleges that this is illegal, because the
workload in the school was sufficient to
maintain the post of HSST (Jr) in Malayalam.
2. The petitioner, therefore, prays that
Government be directed to sanction the post of
HSST (Jr) in Malayalam with effect from
01.06.2005, with a consequential direction
sought against the competent Educational
WPC 18335/11
Authorities to approve her appointment in such
post with effect from 07.03.2008, thus leading
to her salary and emoluments being disbursed.
3. In response, the learned Senior
Government Pleader - Sri.P.M.Manoj, submitted
that Government is not against sanctioning of
the post as sought for by the petitioner, but
that this can be done only after verifying the
student strength for the academic years 2008-
09, 2009-10 and 2010-11. He submitted that
this can be done at the earliest and that it
has been so averred in the counter affidavit
filed on behalf of the 2nd respondent.
4. On hearing the learned Senior
Government Pleader on the afore lines on
29.01.2021, when this matter had been earlier
posted, I had passed the following order:
The learned Senior Government
Pleader will obtain specific
instructions as to the steps taken by
the Government with regard to the
request for sanctioning the post of
HSST (Junior) in Malayalam in the
school concerned. I am making this
WPC 18335/11
order because in Paragraph 8 of the
counter affidavit filed on behalf of
the 2nd respondent, it is stated that
'after verifying the strength
consecutively for the Academic Year
2008-2009, 2009-2010 and 2010-2011
steps will be taken for sanctioning
of HSST (Junior) in Malayalam'.
5. Today, the learned Senior Government
Pleader submitted that Government is in the
process of completing the exercise as noticed
by this Court and that appropriate orders will
be issued without any further delay.
In the afore circumstances, I order this
writ petition and direct the competent
Authority of the Government to immediately
issue orders with respect to sanctioning of
the post of HSST (Jr) in Malayalam in the
school in question as expeditiously as is
possible, but not later than three months from
the date of receipt of a copy of this
judgment.
Needless to say, if the Government
sanctions the post resultant to the afore
WPC 18335/11
directions, then the competent Educational
Authority will consider the proposal for
approval of the appointment of the petitioner
with effect from 07.08.2008, after following
necessary procedure under the Kerala Education
Rules without any avoidable delay thereafter.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 18335/11
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 07-03-2008
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 18-
09-2007 OF THE 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 26-09-2008
EXHIBIT P4 A TRUE COPY OF THE GOVERNMENT ORDER
DATED 29-11-2002
EXHIBIT P5 A TRUE COPY OF THE CIRCULAR ISSUED
BY THE DIRECTOR OF HIGHER SECONDARY
EDUCATION DATED 01-11-2003
EXHIBIT P6 A TRUE COPY OF THE PERFORMA
CONTAINING DETAILS REQUIRED FOR
CREATION AND UPGRADATION OF POSTS
SUBMITTED BY THE PRINCIPAL OF ST.
MARY'S HIGHER SECONDARY SCHOOL,
ARAKUZHA DATED NIL
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 10-
01-2009 OF THE 2ND RESPONDENT.
EXHIBIT P8 A INTIMATIONS IN THIS RESPECT DATED
20-04-2011 ISSUED FROM THE OFFICE OF
THE 2ND RESPONDENT UNDER THR RIGHT
TO INFORMATION ACT.
