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Kerala High Court
Ranjini T.K vs State Of Kerala on 1 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:93103
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 31319 OF 2024
PETITIONER:
RANJINI T.K
AGED 48 YEARS, W/O. P.NARAYANAN,
HSST (JUNIOR) MALAYALAM CHEMNAD JAMA ATH HSS,
CHEMNAD, KASARGOD- 671317( RESIDING AT ARCHANA,
CC-86, CHINMAYA COLONY, VIDYANAGAR,
KASARGOD), PIN - 671123.
BY ADVS.
SHRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY WING, NEW BUILDING,
ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014.
W.P.(C)No.31319 of 2024
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2025:KER:93103
3 TREGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, KANNUR, PIN - 670003.
4 THE MANAGER
CHEMNAD JAMA ATH HSS, CHEMNAD,
KASARGOD, PIN - 671317.
5 THE PRINCIPAL
CHEMNAD JAMA ATH HSS, CHEMNAD,
KASARGOD, PIN - 671317.
BY ADV.SMT. K.B.SONY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.31319 of 2024
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2025:KER:93103
JUDGMENT
Dated this the 1st day of December, 2025
The petitioner, who is working as HSST (Junior),
states that the School was upgraded as Higher Secondary
School in the year 1998. One Smt. Jayasree A.C was
appointed as HSST Malayalam (Junior) in the year 1998.
During the year 2000, the workload was increased to 24
periods per week and the post became full time. During the
year 2000, a Humanities Batch with Malayalam as an
optional subject was sanctioned. Accordingly, additional
workload of eight periods for Malayalam was added.
2. During the year, the total workload become
40 periods per week, requiring upgradation of HSST post as
full time. During the year 2000, there were eight periods for
Malayalam as subject in the Humanities batch. From the
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next year onwards, the workload for Malayalam as a subject
for the Humanities batch became 16.
3. The petitioner submits that though
workload for Malayalam in the Higher Secondary Wing is
available for sanctioning HSST posts, only one HSST post
and one HSST (Junior) post were sanctioned in the School
as per the Staff Fixation Order. From the same, it is evident
that there are 40 periods available in the Higher Secondary
Section for Malayalam which warrants two HSST
Malayalam posts. Since the admissible second post of
HSST Malayalam is not sanctioned, the petitioner is denied
the admissible benefits. In identical circumstances, the
second post of HSST Malayalam is sanctioned at
Chundangapoil Higher Secondary School.
4. The petitioner further states that as can be
seen from Exts.P4 to P6, there had been students' strength
and workload for Malayalam to grant the second HSST post
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right from 15.07.2001. It was ignoring the fact, Exts.P9, P10
and P12 was came to be issued. Resultantly, the petitioner
is at a loss of full-time service benefits.
5. I have heard the learned Counsel for the
petitioner and the learned Government Pleader
representing respondents 1 to 3.
6. The contention of the petitioner is that
there is sufficient workload available in the School since
2001-2002 onwards. Therefore, HSST (Junior) post being
held by the petitioner has to be upgraded as HSST. The
petitioner states that this Court has held that such
upgradation will be automatic. The petitioner relies on
Exts.P13 and P14 judgments of this Court and Ext.P15
judgment of the Hon'ble Apex Court.
7. In view of the fact that this Court has
already laid down the law in this regard, it would be only
appropriate that the 1st respondent reconsiders the matter in
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the light of the law laid down by this Court and the Hon'ble
Apex Court in Exts.P13 to P15 judgments.
The writ petition is accordingly disposed of directing
the 1st respondent to reconsider the issue and pass orders
afresh, taking note of Exts.P13 to P15 judgments of this
Court and the Hon'ble Apex Court. Orders shall be passed
within a period of two months. In order to enable the 1 st
respondent to pass orders afresh, Exts.P9, P10 and P12
are set aside.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:93103
APPENDIX OF WP(C) NO. 31319 OF 2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE GO (MS) NO.398/2002/
G.EDN DATED 29.11.2002 ISSUED BY THE
GOVERNMENT
Exhibit P-2 TRUE COPY OF THE GO (MS) NO.
351/2004/ G.EDN DATED 20.11.2004
ISSUED BY THE GOVERNMENT
Exhibit P-3 TRUE COPY OF THE ORDER NO.
B5/3252/2021 DATED 15.11.2021
APPROVING THE PROMOTION OF THE
PETITIONER AS HSST (JUNIOR) MALAYALAM
Exhibit P-4 TRUE COPY OF THE ORDER NO.
A10/181/2020/D.DIS DATED 18.02.2020
THE STAFF FIXATION ORDER OF THE
SCHOOL FOR THE ACADEMIC YEAR 2019-20
Exhibit P-5 TRUE COPY OF THE ORDER NO.
B5/2481/2022/ DATED 05.05.2022 THE
STAFF FIXATION ORDER OF THE SCHOOL
FOR THE ACADEMIC YEAR 2021-22
Exhibit P-6 TRUE COPY OF THE ORDER NO.
RDDHSE/KNR/607/2023-B5 DATED
16.05.2023 THE STAFF FIXATION ORDER
OF THE SCHOOL FOR THE ACADEMIC YEAR
2022-23
Exhibit P-7 TRUE COPY OF THE ORDER NO.
A5/3777/2021/D.DIS DATED 24.08.2021
Exhibit P-8 TRUE COPY OF THE REPRESENTATION DATED
18.10.2022 BY THE 4TH RESPONDENT
MANAGER TO THE 3RD RESPONDENT
Exhibit P-9 TRUE COPY OF INFORMATION FURNISHED
VIDE LETTER NO. G.EDN- T3/89/2024
DATED 10.07.2024
Exhibit P-10 TRUE COPY OF THE LETTER NO.
T3/152/2023/ G.ED DATED 03.05.2024
Exhibit P-11 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
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THE GOVERNMENT DATED 04.07.2024
Exhibit P-12 TRUE COPY OF THE COMMUNICATION NO.
T3/92/2024/G.EDN DATED 27.07.2024
Exhibit P-13 TRUE COPY OF THE JUDGMENT IN. W.P.
(C) NO. 16613/2014 DATED 01.06.2015
OF THIS HON'BLE COURT
Exhibit P-14 TRUE COPY OF THE JUDGMENT IN W.A. NO.
960/2016 DATED 28.02.2019 OF THIS
HON'BLE COURT
Exhibit P-15 TRUE COPY OF THE ORDER INSLP NO.
18120/2019 DATED 30.04.2024 OF THE
HON'BLE APEX COURT
