IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25176 of 2009(N) -------------------------------- PETITIONER: -------------- SERLY DAS.T., AGED 40, SHAJI BHAVAN, NEERKUNNAM, VANDANAM.P.O., ALEPPEY, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER JUNIOR MALAYALAM, ARAVUKAD HSS, PUNNAPRA. BY MR.BENOY THOMAS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY GENERAL EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, TRIVANDRUM. 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 4. MANAGER, ARAVUKAD HSS, PUNNAPPARA. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25176 OF 2009 --------------------------------------- Dated this the 28th day of August, 2009. J U D G M E N T The petitioner is working as H.S.S.T Junior (Malayalam) in the 4th respondent's school. She was appointed against the 3rd post in Malayalam in the said school. Sanction has not been accorded for creation of the post and therefore, the petitioner is not getting salary. 2. It is the submission of the petitioner that even though she is doing the work of a full time Higher Secondary School teacher and in spite of the fact that according to the actual strength of students in the 11th and 12th classes who opted Malayalam as second language require one post, the post is not sanctioned yet. The petitioner is working without approval and salary with effect from 01.08.2003. Even though the Manager had forwarded the proposal to competent authorities, they have not passed any order also. 3. Going by Exhibit P5 staff fixation order for the year 2001-2002, one H.S.S.T post and one H.S.S.T Junior post was W.P.(C) No.25176/2009 2 sanctioned. Subsequently, the second junior post was sanctioned as full time post and the person appointed against the 2nd post Smt.Jayasree K.Nair was granted approval with effect from her date of appointment, that is 16.07.2001 as per Exhibit P6. The first full time post in Malayalam was filled up by appointing Smt.S.Krishnakumari who was later promoted as Principal with effect from 28.07.2008. 4. The main prayer in the writ petition is to declare that the Government is bound to follow the statutory scheme of Kerala Education Rules viz. Rule 6(d) of Chapter 23, Rule 23 of Chapter 6 of K.E.R for the calculation of number of batches for the 2nd language Malayalam as per Exhibit P17 Government Order, in the light of Rule 1(h) of Chapter 32 of K.E.R. 5. The petitioner has already filed Exhibit P16 representation before the Government. Exhibit P17 is the order passed by the Government dated 28.03.1998 sanctioning additional division to language classes in Higher Secondary Schools. There will be a direction to the 1st respondent to take a decision on Exhibit P16, after hearing the petitioner and the W.P.(C) No.25176/2009 3 Manager, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp