Kerala Higher Secondary School ... vs A.P.M.Mohammed Hanish Ias
2021 Latest Caselaw 20609 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                                &
            THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                 CON.CASE(C) NO. 1091 OF 2021
 AGAINST THE JUDGMENT IN WA 745/2018 OF HIGH COURT OF KERALA,
                  ERNAKULAM DATED 15.01.2020
PETITIONERS/THIRD PARTIES:

    1     KERALA HIGHER SECONDARY SCHOOL PRINCIPALS'
          ASSOCIATION
          REPRESENTED BY ITS GENERAL SECRETARY, KRISHNA KRIPA
          BUILDING, EDAVOORKONAM, P.C. MUKKU KALLAMBALAM,
          THIRUVANANTHAPURAM 695 605.
    2     DR.N. SAKKEER ALIAS,SAINUDHEEN, AGED 49 YEARS,
          SON OF N KUNHUNII PRINCIPAL, PTM HIGHER SECONDARY
          SCHOOL, THAZHEKODE WEST, PERINTHALMANA, MALAPPURAM
          679 341, RESIDING AT NALAKATH HOUSE, THAZHEKODE WEST
          PERINTHALMANA, MALAPPURAM 679 341.
          BY ADVS.SMT.REKHA VASUDEVAN
                  SMT.ELIZABETH V.JOSEPH


RESPONDENT/S:

          A.P.M.MOHAMMED HANISH IAS
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
          PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM 695 001.
OTHER PRESENT:

          GP SRI T.B.HOOD


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Cont.Case(C) No.1091/21 in WA No.745/18

                                      -:2:-




                                  JUDGMENT

Dated this the 5th day of October, 2021

MARY JOSEPH, J:

A learned Single Judge of this Court vide common judgment

passed on 30.11.2017 in W.P.(C) Nos.2414 of 2015 and other

connected matters issued directions to the Government to pass

appropriate orders pursuant to an order passed on 17.08.2015

by General Education Department which incorporates the

following observations:

"6. Government have examined the matter in detail with reference to relevant rules and orders and are pleased to approve the scheme detailed below for the creation of posts of Lower Division Clerk, Full Time/Part Time Menial and Librarian Grade IV in Government/Aided Higher Secondary Schools.

i. One post each of Lower Division Clerk and Full Time/Part Time Menial for every Higher Secondary School will be created in 1st phase.

ii. One post of Librarian Grade IV will be created in Higher Secondary Schools which are having a library as per the Cont.Case(C) No.1091/21 in WA No.745/18

criteria of the State Library Council consisting of at least ten thousand books in 2nd phase.

iii. The appointment to the post of Lower Division Clerk and Librarian will be done as stipulated in the concerned Special Rules and the Part Time Menials in the Government Higher Secondary Schools on daily wages will be recruited through Employment Exchange.

iv. The modalities including the filling up of the vacancies will be decided in consultation with Finance Department and a Committee including Secretaries of Finance Department, General Education Department and Director of Higher Secondary Education will be entrusted for the implementation of the scheme in a time bound manner.

7. The Director, Higher Secondary Education is hereby directed to furnish separate proposal on item No.i, ii, iii above for the creation of Lower Division Clerk, Librarian Grade IV and Full Time/Part Time Menials in Government/Aided Higher Secondary Schools."

2. The common judgment when assailed in appeals with

W.A. No.745/2018 as leading, a Division Bench of this Court of

which myself is also a member has dismissed those but the time

for compliance of the above directions was extended to two

months commencing from the date of the judgment. It was

further stated that failure to implement the directions would

result in contempt proceedings to be taken against the officers Cont.Case(C) No.1091/21 in WA No.745/18

responsible. By the present proceedings, contempt action is

resorted to by the petitioner for non-compliance of the order

issued vide judgment passed in W.A. No.745/2018.

3. The learned Senior Government Pleader on instructions

submitted that for the directions to be materialised the

Government has to shoulder huge amount and it is in the

process. One month's time is also sought for compliance.

4. It is noticed from the impugned order that Chapter XXXII of

the Kerala Education Rules provides for creation of posts of Peon,

Full Time Menial etc with effect from the date of Special Rules.

Though the Kerala Education Rules came into force with effect

from 12.11.2001, attempts had not been made by the

Government to implement those. It is further observed that

posts are now created but sanction was not granted to the

respective Schools to appoint non-teaching staff. In the said

context, the petitioners were constrained to approach this Court

under Article 226 of the Constitution of India seeking for issuance

of necessary directions to the Government to expedite

implementation. Though judgment has been passed by the Cont.Case(C) No.1091/21 in WA No.745/18

learned Single Judge in the writ petition on 30.11.2017, issuing

directions to comply with the mandates of the provisions in the

Education Rules within a period of three months from the date of

receipt of a copy of the judgment, those have not been frcutified

due to inaction of the Government. The judgment when assailed,

a Division Bench of this Court has reiterated the need for

compliance and the time period was extended for two months

from 15.01.2020. Despite the undertaking, steps have not been

made towards implementation and the inaction of the

Government prompted the petitioner to resort to contempt

proceedings. Even today when the matter is taken up, the

submission made by the learned Government Pleader was that

funds for implementation are yet to be gathered. We are of the

opinion that it is only a bare excuse. One month's time now

sought by the learned Government Pleader is granted but with

strict direction for compliance. In the event of failure to comply,

the officers responsible to implement shall be personally present

and explain the reasons.

Cont.Case(C) No.1091/21 in WA No.745/18

Contempt Case stands disposed of with the direction issued

as above.

Sd/-

MARY JOSEPH, JUDGE.

Sd/-

GOPINATH P, JUDGE.

ttb Cont.Case(C) No.1091/21 in WA No.745/18

APPENDIX OF CON.CASE(C) 1091/2021

PETITIONERS' ANNEXURES :

Annexure 1 TRUE COPY OF THE RESOLUTION DATED 04.07.2021 PASSED BY THE GENERAL BODY OF THE IST PETITIONER ASSOCIATION AS EXTRACTED IN ITS LETTER HEAD.

Annexure II TRUE COPY OF THE JUDGMENT DATED 30.11.2017 IN WPC NO. 214 OF 2015 (B) OF THIS HONOURABLE HIGH COURT.

Annexure III TRUE COPY OF THE ORDER DATED 29.01.2201 OF THE HONOURABLE SUPREME COURT IN SLP NOS 9529-9534/2020.

Annexure IV TRUE COPY OF THE REPRESENTATION DATED 05.02.2021 SUBMITTED BY THE PETITIONER TO THE HONOURABLE CHIEF MISTIER WITH COPY TO THE RESPONDENT HEREIN.

Cont.Case(C) No.1091/21 in WA No.745/18