VIVEK NIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in all these cases - which are being heard together and disposed of through this judgment on account of similarity of the factual circumstances and reliefs urged and sought for ? are working in non-teaching posts in various Higher Secondary Schools in the State of Kerala.

(2.) According to the petitioners, even though the posts to which they were appointed had been sanctioned by the Kerala Education Rules (KER) through Chapter XXXII thereof, Government had been refusing to grant them approval citing the reason that they have not created such posts. They say that these arguments were considered by a learned Judge of this Court in W.P.(C)No.22790/2014 and connected matters, leading to a judgment being delivered on 30.11.2017, directing the Government to sanction non-teaching posts as recommended by the Director of General Education and to pass appropriate orders within three months therefrom.

(3.) The petitioners say that in spite of this, Government did not comply with the afore directions but choose to file W.A.No.745/2018 and connected appeals, which were disposed of, through a judgment dated 15.01.2020, in the following manner: "When the matter came up for hearing today, the learned Government Pleader sought two months time to implement the direction. We are of the view that since the time had already lapsed, it would only be appropriate to grant further two months time to implement the directions issued by the learned Single Judge. However, if the Orders are not implemented, we make it clear that we will be forced to take contempt proceedings against the concerned Officers who failed to comply with the directions issued by this Court. Accordingly, two months time is granted to the Government and its Officers to comply with the directions issued."