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3. In this context, this Court had passed an interim order on 22.01.2019 directing the 1st respondent to take a decision on the creation of 5 posts of Computer Assistants covered by Ext.P4 and regarding the conversion of 38 posts of Office Attendants as Escort Attendants referred to therein within a period of one month. Thereupon, Ext.P11 order was issued on 12.03.2019 stating that the Government is not in a position to consider the proposal for creation of the post of Computer Assistants/conversion of the post of Office Attendants as Escort Attendants in view of the precarious financial condition. It was stated therein that 319 posts were created exclusively for the High Court establishment within a span of last three years and 948 posts for State Subordinate Judiciary.

4. In this Writ Petition, the petitioners are concerned with the sanctioning of conversion of 38 posts of Office Attendants as Escort Attendants, sanctioning of the posts of Computer Assistants, Attender Gr.II and Chauffeur Gr.II. They are challenging the orders Exts.P10 and P11 orders to the extent those posts are not sanctioned as requested.

5. The respondents have filed a counter affidavit. The High Court has, in the counter affidavit filed, pointed out the immediate necessity of the posts of Chauffeur Gr.II, Attender Gr.II, Computer Assistant, Photocopier Operator, Watchman, Sweeper and Office Attendants as well as conversion of Office Attendants as Escort Attendants in its proposals made from 1.3.2017 onwards which are pending before the Government. It is stated that in the high level meeting convened between the Honourable Chief Minister and the Honourable the Chief Justice on 15.07.2017, the proposal for creation of 499 posts was placed. Thereafter, the Government sanctioned 48 posts in various categories on 07.10.2017 including 6 posts of Chauffeur Gr.II and 12 posts of Office Attendants. It is stated that subsequent to another meeting held on 13.10.2017, a consolidated list of 222 posts which was required emergently out of 420 posts, was forwarded, as per Ext.P4. It is also stated that those 222 posts including the sanctioning of conversion of 38 posts were covered by the CJ-CM discussion held on 15.7.2017. It is further stated that the Chief Secretary to Government convened a high level meeting on 9.5.2018 at Trivandrum for discussing the proposal for creation of posts and it was decided to create 167 posts. Thereafter, Ext.P10 order was issued sanctioning only 105 posts. It is stated that as on 4.9.2018 altogether 303 posts were pending sanction before the Government, out of which 99 posts covered by Ext.R3(h) are extremely urgent. It is also stated that the request for creation of posts is made with the approval of the Hon'ble the Chief Justice, in view of the acute necessity of staff in the High Court, found necessary, on careful examination of all material aspects, such as enhanced Judges' strength, smooth functioning of the High Court Registry, full fledged functioning of the Kerala Judicial Academy, strengthening of Vigilance Cell of the High Court, etc.

6. The Government has filed a counter affidavit stating as follows in paragraphs 6 and 8:

"6. Exhibit P11 has been issued by the 1 st respondent after analyzing all aspects existing thereon. The creation of posts in the High Court establishment can only be allowed after assessing the financial situation of the State, since creation of posts, as proposed will incur additional expenditure. The financial status of the State is in a precarious situation and it has been further crippled by the unprecedented flood that had devastated the State. Now, the primary concern of the State is the post-flood rebuilding activities, for which Government have to provide financial assistance.

17. It is seen that the proposal for creation of 38 posts of Escort Attendants was changed as a proposal for conversion of the existing 38 posts of Office Attendants as Escort Attendants, after the meeting held between the Hon'ble the Chief Justice and the Hon'ble the Chief Minister. The requirement of Escort Attendants to each of the Judges was explained in Ext.P1 letter while requesting for creation of posts. Even after alteration of that request in order to reduce the financial implication, the request pending since 2010 was modified subsequently as conversion, which is also not considered favourably. In Ext.P11 it was rejected on the ground of financial condition. In the light of the judgment in S.B. Vohra's case (supra), the financial position cannot be a reason for rejecting that request, even after the same was covered by the discussion between the Hon'ble the Chief Justice and the Honourable the Chief Minister.