IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 554 of 2011(T) ------------------------------------ PETITIONER(S): ----------------------- 1. REV.FR.VARKEY A.V.(HSST-POLITICS), ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. 2. SABU T. (HSST-HISTORY), ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. 3. THOMAS P.JOHN, (HSST-HISTORY), ST.MARY/'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. 4. FR.BABU T., (HSST-SOCIOLOGY) ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. 5. BINU T.VARGHESE, (HSST-COMPUTER APPLICATION), ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. 6. AJIMON VARGHESE, (ASST (JR)-ECONOMICS) ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA KOLLAM. 7. RANJITH ABRAHAM, (HSST(JR)COMMERCE) ST.MARY'S HIGHER SECONDARY SCHOOL, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRTARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 695 001. 3. THE REGIONAL DEPUTY DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.554/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 09/11/2006 ISSUED BY THE GOVERNMENT. P2 COPY OF THE JUDGMENT DATED 11/11/2009IN WP(C)NO.2313/2009. P3 COPY OF THE ORDER DATED 12/04/2010 PASSED BY THE 1ST RESPONDENT. P4 COPY OF THE PROPOSAL SUBMITTED BY THE MANAGER TO THE 3RD RESPONDENT. P5 COPY OF THE REPORT DATED 10/02/2009 SUBMITTEDBY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P6 COPY OF THE REVISED STAFF STRENGTH VERIFICATION REPORT OF THE 3RD RESPONDENT. P7 COPY OF THE JUDGMENT DATED 11/05/2010 IN WP(C)NO.14598/2010. P8 COPY OF THE ORDER DATED 12/08/2010 PASSED BY THE 2ND RESPONDENT. P9 COPY OF THE ORDER DATED 01/11/2010 ISSUED BY THE 2ND RESPONDENT. P10 COPY OF THE ORDER DATED 06/12/2010 ISSUED BY THE 2ND RESPONDENT. P11 COPY OF THE ORDER DATED 26/02/2011 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.554 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF MARCH, 2011 J U D G M E N T The petitioners herein are working as Higher Secondary School Teachers in various disciplines in the St.Mary's Higher Secondary Education, Kizhakkekara. The main grievance raised by the petitioners is regarding the non-disbursement of salary due to them in spite of sanctioning of posts by the Director of Higher Secondary Education. 2. In Exhibit P10 order passed by the Director of Higher Secondary Education, it was ordered that St.Mary's HSS, Kizhakkekara is sanctioned various posts of teachers detailed therein for the Academic Year 2008-09 in addition to the posts created earlier vide G.O.(MS)56/10/G.Edn. dated 12.4.2010, subject to the financial concurrence from the Government. 3. The matter was being adjourned to await the Government sanction and the learned counsel for the petitioner produced along with I.A.No.3724/11 Exhibit P11 order passed by the Government whereby the Government has sanctioned the creation of 29 posts of Higher Secondary School Teachers(Jr.), 4 W.P.(C)No.554/11 -2- posts of Higher Secondary School Teachers, two posts of Lab Assistants and to upgrade 51 posts of Higher Secondary School Teachers(Jr.) to Higher Secondary School Teachers pertaining to the academic years from 2002-03 to 2008-09 as detailed in the Annexure. The Annexure shows that in respect of the school, namely St.Mary's Higher Secondary School also sanction has been accorded in respect of certain posts. 4. It is upto the Director of Higher Secondary Education to take follow up action in terms of the order passed by the Government as per Exhibit P11. Hence the Writ Petition is disposed of directing the 2nd respondent to take follow up action for disbursing salary to the petitioners, within a period of one month from the date of receipt of proposals as well as bills by the school in question. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge