IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31613 of 2007(L) --------------------------------------- PETITIONERS: --------------------- 1. P.VENUGOPAL, PRESIDENT, DEPARTMENTAL HIGHER SECONDARY SCHOOL TEACHERS' ASSOCIATION, NOW WORKING AS PRINCIPAL S.K.V. GOVERNMENT HIGHER SECONDARY SCHOOL, NEENDOOR, KOTTAYAM DISTRICT. 2. R.VIJAYAN PILLAI, GENERAL SECRETARY, DEPARTMENTAL HIGHER SECONDARY SCHOOL TEACHERS' ASSOCIATION, NOW WORKING AS PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND, SRI.JOVY GEORGE VARGHESE. RESPONDENTS: ----------------------- *1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. *THE ADDRESS OF THE FIRST RESPONDENT IS CORRECTED BY SUBSTITUTING `GENERAL EDUCATION DEPARTMENT', FOR `HIGHER EDUCATION DEPARTMENT' VIDE ORDER DATED 16/11/07 ON I.A. 15131/07. 2. THE SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C). NO.31613/ 2007-L: 3. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. MOHMOOD T.T. FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31613/2007-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BYELAWS OF HSSTA. EXT.P.2: COPY OF THE REPRESENTATION DTD. 05/01/2006 WITHOUT ITS ENCLOSURES. EXT.P.3: COPY OF THE LETTER NO. ACD.B1/20420/HSE/2001 DTD. 11/01/2006 OF THE R.3. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. BEFORE THE HONOURABLE MINISTER FOR EDUCATION DTD. 08/11/2006. EXT.P.5: COPY OF THE GOVERNMENT LETTER NO. 14932/HSE1/92/G. EDN. DTD. 17/12/92. EXT.P.6: COPY OF THE MINUTES OF THE AFORESAID MEETING HELD ON 02/11/1992. EXT.P.7: COPY OF THE GOVERNMENT LETTER DTD. 06/04/1993. EXT.P.8: COPY OF THE GOVERNMENT LETTER NO. 23769 A/PRC. C1/93/FIN. DTD. 06/07/1993. EXT.P.9: COPY OF THE GOVERNMENT LETTER NO. 37315/HSE1/93/G. EDN. DTD. 14/07/1993. EXT.P.10: COPY OF THE GOVERNMENT LETTER NO. 40153/HSE1/93/G. EDN. DTD. 16/07/1993. EXT.P.11: COPY OF THE GOVERNMENT LETTER NO. 40153/HSE1/93/G.EDN. DTD. 13/09/1993. EXT.P.12: COPY OF THE GOVERNMENT LETTER NO. 36336/HSE1/95/G. EDN. DTD. 13/06/1996. EXT.P.13: COPY OF THE GOVERNMENT LETTER NO. 36336/HSE1/95/G. EDN. DTD. 11/10/1996. EXT.P.14: COPY OF THE MINUTES OF THE MEETING CONVENED ON 03/10/1996 BY THE HONOURABLE MINISTER FOR EDUCATION, FORWARDED BY THE AFORESAID LETTER DTD. 13/10/1996. EXT.P.15: COPY OF THE LETTER NO. 159/PRA/97 DTD. 02/11/1997 OF THE MEMBER SECRETARY, PAY REVISION COMMITTEE 1997. EXT.P.16: COPY OF THE GOVERNMENT LETTER NO. 105344/ESTT.D2/98/FIN. DTD. 04/01/1999. EXT.P.17: COPY OF THE GOVERNMENT LETTER NO. 11656/SC1/99/G1.EDN. DTD. 31/12/1999. EXT.P.18: COPY OF THE GOVERNMENT LETTER NO. 17287/T1/2000/G. EDN. DTD. 09/05/2000. W.P.(C). NO.31613/2007-L: EXT.P.19: COPY OF THE GOVERNMENT LETTER NO. 11656/SC1/2000/G1.EDN. DTD. 12/06/2000. EXT.P.20: COPY OF THE GOVERNMENT LETTER NO. 40215/SC1/2000/G1. EDN. DTD. 05/01/2001. EXT.P.21: COPY OF THE GOVERNMENT LETTER NO. 29667/SC1/2001/G1. EDN-DTD. 01/08/2001. EXT.P.22: COPY OF THE MINUTES OF THE MEETING CONVENED BY THE HONOURABLE MINISTER FOR EDUCATION ON 03/07/2001 FORWARDED ALONGWITH THE AFORESAID LETTER DTD. 01/08/2001. EXT.P.23: COPY OF THE GOVERNMENT CERTIFICATE NO. 41409/T1/2001/G. EDN. DTD. 06/09/2001. EXT.P.24: COPY OF THE MINUTES OF THE MEETING HELD ON 24/08/2001 WITH THE HONOURABLE MINISTER FOR EDUCATION. EXT.P.25: COPY OF THE G.O.(MS).NO.122/2002/G. EDN. DTD. 21/05/2002. EXT.P.26: COPY OF THE GOVERNMENT LETTER NO. 39556/T2/2002/G. EDN. DTD. 29/07/2002. EXT.P.27: COPY OF THE GOVERNMENT LETTER NO. 62277/SC1/2002/G1. EDN. DTD. 23/09/2002. EXT.P.28: COPY OF THE AGENDA FOR THE MEETING HELD ON 01/10/2002 FORWARDED AS PER THE AFORESAID LETTER DTD. 23/09/2002. EXT.P.29: COPY OF THE GOVERNMENT LETTER NO. 61086/T1/2002/G. EDN. DTD. 05/02/2003. EXT.P.30: COPY OF THE GOVERNMENT LETTER NO. 11458/J3/2003/G. EDN. DTD. 23/04/2003. EXT.P.31: COPY OF THE MINUTES OF THE MEETING CONVENED ON 28/02/2003 BY THE HONOURABLE MINISTER FOR EDUCATION, FORWARDED AS OER TGE AFORESAID LETTER DTD. 23/04/2003. EXT.P.32: COPY OF THE GOVERNMENT LETTER NO. 48191/T1/2005/G. EDN. DTD. 25/08/2005. EXT.P.33: COPY OF THE GOVERNMENT LETTER NO. 62670/T3/2005/G. EDN. DTD. 27/12/2005. EXT.P.34: COPY OF THE G.O. (RT).NO.876/06/G1. EDN. DTD. 25/02/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 31613 OF 2007 L = = = = = = = = = = = = = = Dated this the 23rd day of October 2008 J U D G M E N T Heard the counsel for the petitioner and the learned Govt. Pleader. 2. Petitioners are the President and General Secretary of the Departmental Higher Secondary School Teachers' Association. According to them, soon after the formation of the Association, they sought recognition under Rule 77 of the Kerala Government Servants' Conduct Rules, 1960. Initially, the Government declined to grant recognition on the ground that the members of the Association were not regular Higher Secondary School Teachers. ?It is stated that subsequent to the regularisation of the members as H.S.S.Ts., petitioners submitted Ext. P2 application for recognition as early as in January, 2006. 3. It is seen from the counter affidavit that the Director, Higher Secondary Education by his letter dated 11.1.2006 has recommended and forwarded the representation of the petitioners for recognition to the General Education Department of the Government of Kerala where the matter is being examined in terms of the provisions contained in Rule 77 of the Kerala Servants' Conduct Rules, 1960. It is also stated that W.P.(C) No. 31613/2008 [L) - 2 - pending finalisation of the application for recognition, along with other teacher organisations, the petitioners' Association has also participated in the general meetings conducted to discuss various matters in the Higher Secondary Sector. 4. Taking into account the above factual situation the writ petition is disposed of with the following directions: 5. That the 1st respondent shall complete the enquiry as it deems necessary, as expeditiously as possible, and pass orders on the application made by the petitioners for recognition of their Association, at any rate within 6 months of production of a copy of this judgment. In the meantime as stated in paragraph 8 of the counter affidavit, the representatives of the petitioners' Association will be permitted to participate in the general meetings in regard to matters concerning Higher Secondary Sector, as is being done now. Petitioners shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-