The main legal point established is that the Government is obligated to create sanctioned posts and grant approval to appointments as per the Kerala Education Rules, and reasons such as departmental merger and Model Code of Conduct do not absolve the Government from compliance.

JUDGMENT :

1. The petitioners in all these cases - which are being heard together and disposed of through this judgment on account of similarity of the factual circumstances and reliefs urged and sought for – are working in non-teaching posts in various Higher Secondary Schools in the State of Kerala.

2. According to the petitioners, even though the posts to which they were appointed had been sanctioned by the Kerala Education Rules (KER) through Chapter XXXII thereof, Government had been refusing to grant them approval citing the reason that they have not created such posts. They say that these arguments were considered by a learned Judge of this Court in W.P.(C) No.22790/2014 and connected matters, leading to a judgment being delivered on 30.11.2017, directing the Government to sanction non-teaching posts as recommended by the Director of General Education and to pass appropriate orders within three months therefrom.

3. The petitioners say that in spite of this, Government did not comply with the afore directions but choose to file W.A.No.745/2018 and connected appeals, which were disposed of, through a judgment dated 15.01.2020, in the following manner:

“When the matter came up for hearing today, the learned Government Pleader sought two months time to implement the direction. We are of the view that since the time had already lapsed, it would only be appropriate to grant further two months time to implement the directions issued by the learned Single Judge. However, if the Orders are not implemented, we make it clear that we will be forced to take contempt proceedings against the concerned Officers who failed to comply with the directions issued by this Court. Accordingly, two months time is granted to the Government and its Officers to comply with the directions issued.”

4. They say that this judgment was thereafter challenged by the Government through a Special Leave Petition before the Hon’ble Supreme Court, but that same was also dismissed by an order dated 29.01.2021.

5. The petitioners thus contend that Government is now obligated to issue orders creating the posts in question and that their continued intransigence to do so can only be construed as an affront to the authority of this Court and that of the Hon’ble Supreme Court. The petitioners, therefore, pray that the impugned orders in these cases be set aside and the competent Authority of the Government be directed to create and sanction the posts in question and to grant approval to their appointments from the dates of their initial engagement.

6. In response to the submissions made on behalf of the petitioners by their counsel as afore, the learned Senior Government Pleader – Sri.P.M.Manoj, submitted that though the judgment in W.A.No.745/2018 was confirmed by the Hon’ble Supreme Court, the situation has now changed on account of merger of the High School and Higher Secondary sections into one Directorate. He submitted that, therefore, the Director of General Education will now have to make fresh proposals to the Government for sanctioning of the posts taking into account the students strength of the two Sections and thus prayed that Government be granted further time to comply with the directions of this Court, confirmed by the Hon’ble Supreme Court. Sri.P.M.Manoj added to his above submissions by saying that, on account of the coming into force of the Model Code of Conduct consequent to the declaration of the ensuing election, Government is not in a position to take any further action in this regard as of now. He, therefore, prayed that this Writ Petition be dismissed and that Government be allowed time to consider and evaluate all the relevant aspects, including the students strength of the High School and Higher Secondary sections and then take a final decision as per law.

7. I am afraid that I cannot find favour with the afore submissions of Sri.P.M.Manoj for the singular reason that all these aspects have already been noticed by this Court, while the judgment in