IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 35467 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. THE MANAGER,HIGHER SECONDARY SCHOOL FOR BOYS,PUNALUR-691 331. 2. M.S.SHERIFF,CLERK,HIGHER SECONDARY SCHOOL FOR BOYS,PUNALUR-691 331. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPT., SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,TRIVANDRUM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,TRIVANDRUM. (*)DELETED 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. (**) ADLL.R4. THE DISTRICT EDUCATIONAL OFFICER, PUNALUR [(*) NAME AND ADDRESS OF RESPONDENT NO.4 IS DELETED (**) ADDITIONAL RESPONDENT NO.4 IS IMPLEADED AS PER ORDER DATED 14/01/2010 IN IA.NO.270/2010] GOVERNMENT PLEADER SMT. NISHA BOSE FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35467 of 2009 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE 2ND PETITIONER. EXT.P2 TRUE COPY OF THE ORDER NO.TRO/5/5233/09/HSE OF THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE APPLICATION FILED BY THE MANAGER. EXT.P4 TRUE COPY OF THE CIRCULAR NO.23323/J1/89/G.EDN. OF THE GOVERNMENT. EXT.P5 TRUE COPY OF THE CIRCULAR NO.ACD.A1/4250/HSE/98 OF THE GOVERNMENT EXT.P6 TRUE COPY OF THE JUDGMENT OF THIS COURT IN WPC 12030/2008-P EXT.P7 TRUE COPY OF THE MEDICAL CERTIFICATE. EXT.P8 TRUE COPY OF THE PETITION FILED BEFORE THE GOVERNMENT. RESPONDENTS' EXTS: EXT.R4(a)TRUE COPY OF THE GOVERNMENT CIRCULAR NO.15116/B1/2010/G EDN. DT.2/8/2010 EXT.R4(b) TRUE COPY OF THE GOVERNMENT CIRCULAR NO.1679/J2/2010/G.EDN. DT.19/1/2010. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35467/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of September, 2011 J U D G M E N T The petitioners have filed this writ petition seeking to quash Ext.P2 order whereby the approval and appointment of the second petitioner sought in the post of Clerk has been rejected. It was rejected for the reason that the Government has not created the post of Clerk in the Higher Secondary Schools. While admitting the writ petition, this Court passed an interim order directing the payment of salary to the second petitioner subject to the condition that in the event the writ petition is dismissed, the second petitioner will have to refund the same. It is submitted by the learned Government Pleader that the said Interim Order is stayed in W.A.No.67/2011. 2. The learned counsel for the petitioners submitted that the second petitioner has filed Ext.P8 representation before the Government, subsequently, seeking for a direction to create the post of Clerk for W.P.(C). No.35467/2009 -:2:- enabling the petitioner to get approval of appointment. It is prayed that the Government may be directed to take a decision on Ext.P8 within a time frame. 3. In Ext.P8, apart from seeking for the direction to create the post, the petitioner has also sought for a direction to the District Educational Officer, Punalur to implement the interim order of this Court for releasing the salary. Since the Writ Appeal is pending and there is a stay of the interim order, the said part of the request made by the second petitioner cannot obviously be considered by the Government. Therefore, the writ petition is disposed of directing the Government to take a decision on Ext.P8 with regard to the request for creation of post of Clerk in Higher Secondary School for Boys, Punalur. Appropriate decision will be taken after hearing the petitioner and the Manager within a period of three months from the date of receipt of a copy of this Judgment. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms