Kerala High Court
Fr. Joseph E.J vs Jeevan Babu K on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 11th day of January 2022 / 21st Pousha, 1943
CONTEMPT CASE(CIVIL) NO. 1954 OF 2021(S) IN WP(C) 9540/2021
PETITIONER/PETITIONER IN THE WRIT PETITION
FR. JOSEPH E.J.,AGED 53 YEARS,S/O JOSEPH CHACKO, EZHUPARAYIL HOUSE,
POOVARANY P.O, PAIKA, KOTTAYAM-686577, (HIGHER SECONDARY SCHOOL
TEACHER(JUNIOR-SYRIAC), ST.MARY'S HIGHER SECONDARY SCHOOL,
BHARANANGANAM).
BY ADV S.SUBHASH CHAND
RESPONDENT/RESPONDENT NO.2 IN THE WRIT PETITION
JEEVAN BABU K,THE DIRECTOR OF GENERAL EDUCATION(FORMERLY DIRECTOR OF
HIGHER SECONDARY EDUCATION), OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, THIRUVANANTHAPURAM-695001.
This Contempt of court case (civil) having come up for orders on
11.01.2022, the court on the same day passed the following:
RAJA VIJAYARAGHAVAN V, J.
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Cont.Case(C) No.1971 of 2021 in W.P.(C) No.9658 of 2021 &
Cont.Case(C) No.1954 of 2021 in W.P.(C) No.9540 of 2021
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Dated this the 11th day of January, 2022
ORDER
By a common judgment dated 23.09.2021, this Court had directed the 2nd
respondent to upgrade the post of Higher Secondary School Teacher (Jr.Syriac)
to Higher Secondary School Teacher in the St.Mary's Higher Secondary School,
Bharananganam and Holy Cross Higher Secondary School, Cherupungal with
effect from the academic years 2012-2013 and to pass orders to that effect
within a period of one month.
2. An application for extension of time has been filed. In the
application it is stated in para 3 as follows:
"It is submitted that since upgradation of post involve financial commitment,
opinion and clarifications were sought from Government as per this office letter
No.AcdC 3/180500 2021/HSE dated 12.10.2021 and letter dated 18.11.2021. It
was informed from the Government that the file concerned is now under the due
consideration of the Finance Department of the Government for further action.
Meanwhile CC(C) No.1971/2021 has been filed by the petitioner."
3. From the submissions, it appears that the purported reasons for the
delay in complying with the directions is the apprehension of the respondents
that financial commitments would be entailed.
4. This Court while disposing of the matter had occasion to hold thus in
para 15 of the judgment.
"Upgradation cannot be regarded as a matter of policy of the Government as
the policy of the Government would end when posts are sanctioned by it.
Furthermore, the spectre of the Government incurring additional financial
commitment if upgradation is carried out cannot be a reason if the conditions
as mandated in the statute are satisfied. Insofar as the case of the petitioners
are concerned, the incurring of additional financial commitment has no
relevance as the DGE has reported that the scale of pay for HSST (Jr.)
Selection Grade is above the scale of pay for an HSST in Higher Secondary and
there will be no financial burden to the Government if the posts are upgraded."
5. In view of the above, the justification offered by the respondents for
seeking extension of time cannot be countenanced.
6. If the directions in the judgment are not complied with, within a
period of three weeks from today, the respondent shall appear before this Court
and show cause why contempt action shall not be initiated for flouting the
directions.
Post on 4.2.2022.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
11-01-2022 /True Copy/ Assistant Registrar
