MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking the following reliefs:

(2.) First petitioner is the Manager of KPMHS School, Poothotta. Second petitioner is a teacher appointed in the said school. According to the petitioners, as there were sufficient strength of students existing for Hindi for the academic year 2002-2003 onwards to have a post of HSST(Jr.) Hindi and to have an additional division, the 2 nd petitioner has been appointed as HSST(Jr.) Hindi in the anticipated additional division. A similar appointment was made in the post of HSST(Jr.) Malayalam as per Ext.P4 staff fixation order dated 29.5.2007. One additional post each for HSST(Jr.) Hindi and Malayalam were sanctioned. The post of Hindi was fixed from the academic year 2002-2003 to 2006-2007 continuously without break.

(3.) It is also submitted that, Ext.P4 was passed after verifying the students strength, attendance register, accommodation and other records at the school level by the 4 th respondent and a higher level verification by the 3rd respondent i.e., the Regional Deputy Director and the Director of Higher Secondary Education, respectively. But in Ext.P4 it is stated that, the approval of appointment to the additional posts fixed will be made only after creation of posts by the Government. Thereupon, 1 st petitioner submitted Ext.P5 application dated 4.6.2007 for creation of posts of HSST(Jr.) both in Malayalam and Hindi before the Government. The Government passed Ext.P7 order sanctioning the post of Malayalam alone. Nothing is stated about the post of Hindi, which was also fixed as per Ext.P4 staff fixation order. First petitioner, therefore, filed Ext.P8 petition seeking sanction of the post of HSST(Jr.) Hindi and thereafter secured Ext.P10 judgment in W.P.(C) No.11711/2011 dated 11.4.2011, whereby the Government was directed to consider the petition submitted by the 1 st petitioner. Thereafter, Ext.P11 order dated 14.2.2012 was passed declining to sanction the post of HSST(Jr.) Hindi. The said order was challenged by filing W.P.(C) No.1019/2013 and as per Ext.P12 judgment, directed the Government to re-consider the matter within a period of three months taking into account the submission made by learned Government Pleader that sufficient students are available in the petitioners' school for the sanction of Higher Secondary school Teacher (Junior). Thereafter, Ext.P13 order dated 22.5.2014 is passed, whereby granting an additional post of HSST(Jr.) Hindi with prospective effect so as to regularise the 2 nd petitioner from the date of Ext.P13 order.