IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34789 of 2008(N)
1. KERALA AIDED SCHOOL NON-TEACHING STAFF
... Petitioner
2. P.M.SALIM, L.D.CLARK,D.U.V.H.S.& H.S.
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR, HIGHER SECONDARY
For Petitioner :SRI.M.V.BOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :24/11/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.34789 of 2008-N
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Dated this the 24th day of November, 2009.
JUDGMENT
The first petitioner is an association, viz. Kerala Aided School Non-
teaching Staff Association and the second petitioner is a clerk appointed in
D.U.V.H.S. and H.S. School, Ernakulam. The main prayer in the writ
petition is to quash Ext.P11 and to issue a writ of mandamus compelling
the respondents to sanction the posts of Clerks, Peons and Menials in the
Higher Secondary School as provided in Special Rules included in Chapter
XXXII K.E.R.
2. In Ext.P11 order passed by the Government, the view taken is that
creation of posts is a policy matter of Government and no decision is taken
for the creation of post of ministerial staff like Clerks and Peons for the
Higher Secondary Section. Accordingly, the request of the petitioners was
rejected.
3. The second petitioner is working as a Clerk in the High School,
but is made to do extra work in the Higher Secondary School. The case
projected by the petitioners is that, burdening the staff of High Schools is
not proper and various posts in Higher Secondary Schools should be created
wpc 34789/2008 2
to relieve persons like the 2nd petitioner from bearing the additional burden.
4. Learned counsel for the petitioners brought to my notice a
judgment of this Court in W.P.(C) N.12030/2008 which was rendered in the
light of the judgment in W.A. No.2065/2008 and connected cases. Threin,
this Court directed the Director of Higher Secondary Education to take
appropriate decision in terms of the relevant rules and in accordance with
law, regarding the creation of posts in Higher Secondary Schools. In W.A.
No.2065/2008, the issue raised was in regard to the sanctioning of posts of
Librarian Grade III in Higher Secondary Schools. In para 6 of the
judgment, the Division Bench held thus:
“Among the posts mentioned in Rule 3 of Chapter XXXII of the
K.E.R., in relation to each Higher Secondary School, the Director
has got a discretion to sanction the posts having regard to its
requirement. The power vested in the Director to sanction posts in
the school is a power coupled with duty and it has to be exercised
when circumstances warranting the exercise of that power are
shown to exist and a person interested makes a motion.”
5. In the light of the above, it is up to the second respondent herein to
take a decision in the matter, but only after considering various aspects.
The prayer in W.P.(C) No.12030/2008 was for creation of a post of
wpc 34789/2008 3
Librarian Grade III in the Higher Secondary Division of the school
involved therein. Therein also, this Court directed the Director of Higher
Secondary Education to take a decision.
6. Heard learned Govt. Pleader, who submitted that so far no steps
have been taken to create the posts including the post of Clerk, Full Time
Menial, etc., as a policy decision is required in the matter.
7. In the light of the directions issued by the Division Bench as
quoted above, it is up to the second respondent to take a decision in the
matter in accordance with law. Therefore, Ext.P11 is quashed. The second
respondent will take a decision in regard to the creation of posts of Clerks,
Peons, Full Time Menials, etc. and an appropriate decision will be taken
within a period of six months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/