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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
T.G.Minoj – Appellant
Versus
State Of Kerala, Represented By Its Secretary To Government, General Education Department – Respondent
| Table of Content |
|---|
| 1. appointment approval context and history (Para 2 , 3 , 4) |
| 2. judicial precedents regarding post creation (Para 5 , 6 , 7) |
| 3. financial implications in post sanctioning (Para 8 , 9) |
| 4. government's duty in post creation and approval (Para 11 , 12 , 13) |
JUDGMENT :
Viju Abraham, J.
Since common issue is involved in these writ petitions, they are heard and disposed of by a common judgment.
WP(C) No.4145 of 2022
2. The 1st petitioner was appointed as a part-time menial from 02.12.2019 in the higher secondary section of SNV Higher Secondary School, Panayara, Varkala, as per Ext.P1. The approval of appointment was rejected by Ext.P2 by the 3rd respondent, the Regional Deputy Director of Higher Secondary Education, for the reason that there is no part-time menial post in the school. The 2nd petitioner was appointed as a part-time menial from 02.12.2019 as per Ext.P4 in the higher secondary section of the very same school, and the approval was rejected as per Ext.P5. Aggrieved by the rejection in the case of both the petitioners, a revision was filed by the Manager as Exts.P3 and P6. Petitioners would contend that the stand taken by the 3rd respondent in rejecting the request for
Government cannot deny post creation or appointment approval based on financial reasons when statutory provisions necessitate such positions in educational institutions.
The State must comply with judicial directives to sanction posts in educational institutions, regardless of internal policy considerations.
The Government's refusal to sanction teaching posts based on financial constraints is unjustified when schools meet the required student strength, establishing a statutory obligation to ensure adequa....
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
The court affirmed the necessity of reinstating a teacher dismissed due to conviction, emphasizing compliance with judicial directives regarding supernumerary posts and the authority of educational a....
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
The approval of appointments against sanctioned posts in education must be respected, and arbitrary cancellation without valid justification is impermissible.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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