IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WA.No. 2903 of 2009 --------------------- AGAINST THE ORDER IN WPC.17676/2009 Dated 06/11/2009 .................... APPELLANT(S): RESPONDENTS 1 TO 3 IN THE W.P. ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. BY SENIOR GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): PETITIONER & 4TH RESPONDENT IN THE W.P ----------------------------------------------------- 1. SHINY ANTONY.A., W/O.STANLY AGUSTIN, KOLLOOKKARAN HOUSE, KOODAPUTHA, CHALAKUDY, NOW WORKING AS HSST JUNIOR (SANSKRIT) AT ST.ANTONY'S HSS, MALA. 2. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IRINJALAKKUDA, IRINJALAKUDA. BY ADV. SRI. BENOY THOMAS FOR R1 SRI.S.MUHAMMED HANEEF FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.2903/2009 ------------------------------ Dated this, the 2nd day of March, 2010 JUDGMENT Balakrishnan Nair, J. The appellants are the respondents in the Writ Petition. The learned Single Judge passed an interim order in the Writ Petition on 5.8.2009, directing to pay salary to the 1st respondent/writ petitioner, subject to certain conditions. The Government moved for vacating that interim order. That motion was repelled by order dated 6.11.2009. This appeal is directed against the said order dated 6.11.2009. 2. We heard the learned senior Government Pleader for the appellants. We notice that in the interim order dated 5.8.2009, the learned Judge has provided sufficient safeguards to secure the interest of the appellants. If a High School Assistant or Upper Primary School Assistant is appointed by transfer as Higher Secondary School Teacher (for short “H.S.S.T.”), it may take some time for approval of the appointment as H.S.S.T. WA No.2903/2009 - 2 - Pending approval, Ext.P2(a) clarification issued by the Government enables the incumbent to claim salary at least in the lower post. The said benefit has been extended to the 1st respondent herein. But, the appellants would point out that there is no post of H.S.S.T for appointing the 1st respondent by transfer. Therefore, Ext.P2(a) has no application. It applies only when there is a sanctioned post of H.S.S.T and appointment by transfer has been made validly to that post, it is submitted. 3. Whether the 1st respondent/writ petitioner has been appointed to a post available in the Higher Secondary Wing or not, is a matter to be decided in the Writ Petition. Therefore, we do not propose to go into the said controversy. It is kept open to be decided in the Writ Petition. Having regard to the facts of the case and the conditions imposed by the learned Single Judge, we find nothing illegal or irrational about the order under appeal. In other words, having regard to the principles laid down by this Court concerning interference with an interim WA No.2903/2009 - 3 - order, we find that no ground has been made out in this appeal. Accordingly, the Writ Appeal is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.