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2019 Supreme(Online)(KER) 23534
HIGH COURT OF KERALA
SHAJI P.CHALY, J
P.AYOOB – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/13154/2017
SRI.V.A.MUHAMMED SRI.M.SAJJAD
Automatic conversion of HSST (Junior) posts is mandated when teaching period thresholds are exceeded, as established by prior judicial rulings.
Headnote:
Writ - Education - Education Acts Section List - The court addressed the conversion of HSST (Junior) posts to HSST, referencing prior judgments to establish the automatic nature of such conversions when periods exceed specific thresholds, influencing its decision to grant relief to the petitioners.
Fact of the Case:
The writ petition was filed seeking relief against decisions that denied HSST posts in certain subjects, claiming that automatic conversion was warranted due to exceeded teaching periods.
Issues: Whether the petitioners were entitled to HSST posts based on automatic conversion due to exceeded teaching periods.
Ratio Decidendi: The court highlighted that the prior judgment made clear the process for conversion was automatic when specific conditions were met, thus impacting its ruling in favor of the petitioners.
Final Decision: The writ petition was allowed, directing necessary actions within two months.
J U D G M E N T
This writ petition is filed by the petitioner seeking the following reliefs:
(i) call for the records relating to Ext.P8 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.
(ii) call for the records relating to Ext.P3 and set aside the original of the same to the extent it denied HSST post in History, Economics, Political Science and Sociology by the issue of a writ of certiorari or other appropriate writ or order.
(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to revise Ext.P3 staff fixation order by granting HSST posts in History, Economics, Political Science and Sociology for the year 2013-2014 and thereby grant approval to the petitioners as HSST with effect from 13.9.2013.
iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.
2. The subject issue relates to conversion of HSST (Junior) posts to HSST. The contention put forth by the petitioners is that, 15 periods exceeded in the school and therefore, the conversion of HSST(Junior) posts to HSST is automatic and the said issue was considered by a Division Bench of this Court in Writ Appeal No.2956/2015 dated 28.2.2019 & connected cases and held that, the process of conversion of HSST(Junior) posts to HSST is automatic.
3. In that view of the matter, I am of the considered opinion that, petitioners are also entitled to get the benefits of the said judgment. However, learned Government Pleader pointed out that, the judgment rendered by this court is under challenge in Special Leave Petitions pending before the Apex Court as SLP Nos.15232-15257/2019. Learned counsel for petitioners submitted that, the pendency of Special Leave Petitions before the Apex Court will not stand in the way of the issue being considered by this court in accordance with law. Anyhow it is not disputed by the learned Government Pleader that petitioners are also entitled to get the benefits of the judgment specified above.
4. In that view of the matter, the writ petition is allowed in terms of the judgment in W.A.No.2596/2015 dated 28.2.2019 and there will be a direction to take necessary action in accordance with law, at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. However, I make it clear that, the directions contained above will be subject to the result of the Special Leave Petition preferred by the Government specified above.
Sd/-
SHAJI P.CHALY Smv JUDGE
28.11.2019 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O(MS) NO.262/2012 G.EDN.
DATED 17-08-2012 OF THE GOVERNMENT EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 02-05-2014 (1ST PETITIONER)
EXHIBIT P2(A) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15-05-2014 (2ND PETITIONER)
EXHIBITP2(B) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15-05-2014 (3RD PETITIONER)
EXHIBITP2(C) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15-05-2014 (4TH PETITIONER)
EXHIBITP3 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 25-04-2014 EXHIBIT P4 TRUE COPY OF THE ORDER OF THE G.O(MS)
NO.310/2015/G.EDN. DATED 17-12-2015 OF THE GOVERNMENT EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29-01-2016 (1ST PETITIONER)
EXHIBITP5(A) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29-01-2016 (2ND PETITIONER)
EXHIBITP5(B) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29-01-2016 (3RD PETITIONER)
EXHIBITP5(C) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29-01-2016 (4TH PETITIONER)
EXHIBITP6 TRUE COPY OF THE STAFF FIXATION ORDER 2014-
15 AND 2015-16 DATED 29-01-2016 EXHIBITP7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 03-08-2016 EXHIBIT P8 TRUE COPY OF THE G.O(RT) NO.365/2017/G.EDN.
DATED 10-02-2017 OF THE GOVERNMENT EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO.14975/2014 DATED 4-8-2015 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN
