IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31613 of 2007(L)
1. P.VENUGOPAL,
... Petitioner
2. R.VIJAYAN PILLAI,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. THE DIRECTOR,
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/10/2008
O R D E R
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/-