JUDGMENT : 1. The order of ours shall dispose of two appeals preferred by the State of Kerala. 2. The 1st respondent in Writ Appeal No. 247 of 2024 was appointed as a Librarian in J.J. Murphy Memorial Higher Secondary School. Though he was appointed in the year 2001, his appointment had not been approved. The basic challenge in the writ petition was directed against the order dated 11.4.2019 in which, the appellant/State declined to sanction the post of Librarian. 3. In so far as Writ Appeal No. 1259 of 2023 is concerned, the writ petitioner was appointed as a Lower Division Clerk (LDC) in Sree Saradavilasom Higher Secondary School, Chirayinkeezhu. The prayer in Writ Petition No. 26927 of 2018 was to call for the records leading to Exts.P7 and P9 and to quash the same and also for a further direction to the 2nd respondent to sanction the post of LDC with effect from 1.4.2016 in the school and to grant approval to the appointment of the petitioner as LDC based on Ext.P8 proposal issued by the 4th respondent manager from 1st April 2016 onwards. 4. In both these cases, the appellant rejected the claim of the respective writ petitioners for approval on the ground that, there is no sanctioned post to accommodate the petitioners and also that the creation of the posts falls within the realm of the policy decision of the Government, they are not intending to sanction the additional posts which would cast financial burden on the State. However, the learned Single Judge, while considering the writ petitions, found that the appellant/State was obliged to sanction the requisite post in terms of the judgment of the Division Bench of this Court in W.A. No. 745 of 2018 dated 15.1.2020. Though the State attempted to challenge the judgment rendered by the Division Bench, the Honourable Supreme Court dismissed the Special Leave Petition by order dated 29.1.2021. However, while considering the writ petitions, the appellant/State further took a stand that due to the impending elections, the Government was not in a position to consider the creation of new posts because of the coming into force of the model conduct of election. However, while considering the writ petitions, the appellant/State further took a stand that due to the impending elections, the Government was not in a position to consider the creation of new posts because of the coming into force of the model conduct of election. The learned Single Judge took note of these contentions and formed an opinion that since the directions in Writ Appeal No. 745 of 2018 have already been upheld by the Honourable Supreme Court in its order dated 29.1.2021, the Government cannot ask for any further time. Accordingly, the writ petitions were allowed quashing the impugned orders with a consequential direction to the competent authority of the Government to immediately issue orders granting the posts claimed by the petitioners in these cases in the various Higher Secondary Schools and direction was issued to the competent authority to consider the proposal for grant of approval within a period of one month, thereafter. The directions so issued were of peremptory in nature. 5. The appellant/State impugns the directions given by the learned Single Judge in these appeals. When the appeals came up for admission, a Coordinate Bench of this Court, by interim order dated 4.7.2024, directed the Regional Deputy Director to inspect the school and to file a report as to the existence of the library for the purpose of engaging a Librarian in the school. 6. In pursuance to the said direction, the appellant/State has placed on record the reports through a memo dated 17.8.2024 in both the writ appeals. The reports reads as under: Report on Writ Appeal No. 247/2024 Interim Judgment dated 04/07/2024 filled in Hon'ble High Court by Anish Varghese Inspection report dated 8/07/2024 in JJMMHSS, Yenthayar Kottayam 1. This school has a separate building for library. This library has an area of 148.3 square meters (as per approved engineer's plan). There are 10259 books as per accession register. Reference books are classified. There are authoritative books for all higher secondary subjects in this school. 2. 60-70 students can read together at a time. There are 8 desks, 68 chairs and 16 Almirahs. Newspapers, journals and periodicals are subscribed. 3. There is issue register and regular distribution of books 4. There are 4 computers with internet facility. Stock register, Issue register and Multi Media register are maintained. Purchase order and bills are maintained. 5. 2. 60-70 students can read together at a time. There are 8 desks, 68 chairs and 16 Almirahs. Newspapers, journals and periodicals are subscribed. 3. There is issue register and regular distribution of books 4. There are 4 computers with internet facility. Stock register, Issue register and Multi Media register are maintained. Purchase order and bills are maintained. 5. The accession number in the register and the number in the books are the same. 6. Annual verification of Stock has been carried out by the principal upto 08/04/2024 Report as on 29/04/2022 School Name, Codes JJMMHSS, Yenthayar, 5046 The year in which Higher Secondary Wing Started 1998 Whether Appointed Non-Teaching Staff? Yes If Yes, Furnish the details in Category Wise Lab Assistant-3, librarian Class IV-I Name ----- Educational Qualification Date of Joining Appointment Order Number and Date Whether Attendance Marked? Yes If Yes, Date If No, Reason Whether Library is working? Yes Aera of Library (sq. ft) 971 Total no. of books as per Accession Register 10193 Details of Furniture in Library Hall Table-8 Chair-48 Desk-1 Almirah-16 Whether books categorised? Yes Total no. of Reference Books 723 (a) No. of Journals 30 (b) No. of Newspapers (c) No. of Periodicals Whether authoritative books for all higher secondary subjects available? Yes Whether Accession Number and School Seals are entered in all library books? Partially Whether accession number in the register and number in the books same? Completely Have you noticed the seal and number of other Institution in the books? No Whether Purchase order and bills are maintained? Yes Issue Register Yes Whether Books Distribute regularly Yes Whether Internet Facility available Yes No. of Computers How many students can read together at a time 3-40 Registers in Library Stock Register Yes Issue Register Yes Others ----- Whether Annual Verification Conducted & Countersigned No Report on Writ Appeal No. 1259/2023 filed by Secretary General Education Department Inspection Report dated in Sree Sarada Vilasam Higher Secondary School Chirayinkeezhu. (1) This school has a separate building for library. This library has an area of 840 Sq. ft. there are 1031 books as per book list available in the library. No books were neither classified nor catalogued. (2) 50-60 students can read together at a time. There are 17 Desks and Benches, 10 Small Steel Almiraha, 3 Big Wood Almiraha. No News papers, Journals, Periodicals are available. This library has an area of 840 Sq. ft. there are 1031 books as per book list available in the library. No books were neither classified nor catalogued. (2) 50-60 students can read together at a time. There are 17 Desks and Benches, 10 Small Steel Almiraha, 3 Big Wood Almiraha. No News papers, Journals, Periodicals are available. (3) There is no registers such as accession register, Stock Register, Distribution register maintained. (4) There are no computers, no Internet facilities. Purchase order and Bills are not maintained. (5) Annual verification of stocks has not been carried yet. School Code, Name 1048, Sree Sarada Vilasam Higher Secondary School, Chirayinkeezhu The year in which Higher Secondary Wing Started 1991 Whether Appointed Non-Teaching Staff? Yes If Yes, Furnish the details in Category Wise Lab Assistant 1 Name Sudheer J Educational Qualification Class IX Passed Date of Joining 01/12/1993 Appointment Order Number and Date 01/06/1994 Whether Attendance Marked? Yes If Yes, Date 01/12/1993 If No, Reason NA Whether Library is working? No Area of Library (sq. ft) 840 Total no. of books as per Accession Register 1031 Details of Furniture in Library Hall 17 Benches, 17 Desks, 10 Small Almiraha, 3 Big Wooden Almiraha Whether books categorised? No Total no. of Reference Books Nil (a) No. of Journals Nil (b) No. of Newspapers Nil (c) No. of Periodicals Nil Whether Authoritative books for all higher Secondary Subjects available? No Whether Accession Number and School Seals are entered in all library books? No Whether Accession Number in the Register and number in the books same NA Have you noticed the seal and number of other Institution in the books? No number at all Whether purchase order and bills are maintained No Issue Register No Whether Books Distribute regularly No Whether Internet Facility available No No. of Computers Nil How many students can read together at a time 50 to 60 Registers in Library Nil Stock Register Nil Issue Register Nil Others Nil Whether Annual Verification conducted and Countersigned No 7. We have heard Sri. T.K. Vipindas, the learned Senior Government Pleader appearing on behalf of the appellant/State and Smt. P.A. Jenziya, the learned counsel appearing for the writ petitioner in W.P. (C) No. 26927 of 2018 and have gone through the memorandum of appeals and have also perused the records. 8. Sri. We have heard Sri. T.K. Vipindas, the learned Senior Government Pleader appearing on behalf of the appellant/State and Smt. P.A. Jenziya, the learned counsel appearing for the writ petitioner in W.P. (C) No. 26927 of 2018 and have gone through the memorandum of appeals and have also perused the records. 8. Sri. T.K. Vipindas the learned Senior Government Pleader appearing on behalf of the appellant/State contended that the Government was justified in rejecting the claim of the writ petitioners as the matter pertaining to the creation of posts fall within the realm of the policy decision of the Government, therefore, the teachers or any other staff whoever has been appointed cannot have, as a matter of right claim that the post should be sanctioned and consequential approval should be granted to them. 9. On the other hand, Smt. Jenziya, the learned counsel appearing for the writ petitioner W.P. (C) No. 26927 of 2018, submitted that after the dismissal of the Special Leave petition against the judgment of this Court in W.A. No. 745 of 2018 the State cannot be heard to contend that they will not sanction the posts since it falls within the realm of policy decision making. She would also point out that in W.A. No. 247 of 2024, the report of the Regional Director of Higher Education would justify the claim of creation of the post of librarian and the petitioner is entitled to have his service regularised. 10. We have considered the rival submissions raised across the Bar. 11. Before answering the respective contentions of the parties, we hasten to note that, on a perusal of the judgment impugned in the appeals shows that the learned Single Judge had considered four writ petitions. In fact the State has come up before this Court with the present appeals only against two of the writ petitions. In our considered view, non filing of the appeal against the judgment in the other two writ petitions would certainly constitute a res judicata going by the decision of this Court in Sajithkumar E.P. vs. Assistant Educational Officer, 2016 (4) KHC 353 . Hence on this sole ground the appeal is liable to be dismissed. Be that as it may, on merits of the cases also, we find that the appeals have absolutely no merit. 12. Hence on this sole ground the appeal is liable to be dismissed. Be that as it may, on merits of the cases also, we find that the appeals have absolutely no merit. 12. The question as to whether the Government is liable to sanction the post from the date of introduction of the new courses in the Higher Secondary wing of the school was considered by this Court in W.A. No. 745 of 2018 which was confirmed by the Honourable Supreme Court. Therefore, in our considered view the learned Single Judge was absolutely justified in issuing the directions in the peremptory nature directing the State to create the posts claimed by the respective petitioners (Librarian and LDC) and issued further direction to the competent educational authorities to approve the appointments of the respective petitioners. We fail to comprehend as to how the State would maintain the appeals especially when a Coordinate Bench of this Court has already issued certain directions which were affirmed by the Honourable Supreme Court and followed by the learned Single Judge in the judgment under appeals. No doubt, the creation of the posts would perhaps fall within the realm of policy decisions of the State. However, the State cannot be heard to contend that despite the Division Bench of this Court issuing such directions in similarly situated cases and those directions having been affirmed by the Apex Court, they would still maintain a stand that sanctioning of the post would definitely fall within the realm of the policy decision of the State and, therefore, the Court cannot issue the directions as now being done by the learned Single Judge. 13. Viewed in the above perspective, we can only bestow our anxiety to the cause projected by the writ petitioners and necessarily find that the filing of the present appeals are merely vexatious. We cannot ignore the fact that the petitioner in W.P. (C) No. 14949 of 2019 he was appointed in the year 2001 whereas the petitioner in W.P. (C) No. 26297 of 2018 was appointed in the year 2016 and both of them are continuing without salary for all these years. 14. In the result, we are of the considered view that the judgment of the learned Single Judge is perfectly legal and justified and does not call for any interference. Accordingly, the Writ Appeals fails and are accordingly dismissed. 14. In the result, we are of the considered view that the judgment of the learned Single Judge is perfectly legal and justified and does not call for any interference. Accordingly, the Writ Appeals fails and are accordingly dismissed. The appellant/State is directed to comply with the directions issued by the learned Single Judge within a period of one month from the date of receipt of a copy of this judgment.