M. Sreenish vs The State Of Kerala
2025 Latest Caselaw 3575 Ker

Citation : 2025 Latest Caselaw 3575 Ker
Judgement Date : 3 February, 2025

Kerala High Court

M. Sreenish vs The State Of Kerala on 3 February, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2025:KER:8291

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

  MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946

                     WP(C) NO. 4286 OF 2025

PETITIONER:

         M. SREENISH,
         AGED 50 YEARS,
         S/O. M.I. NARAYANAN NAMBOOTHIRI,
         MULLAPPALLY, EDAKKAD,
         KANNUR DISTRICT - [HIGHER SECONDARY SCHOOL
         TEACHER (COMPUTER SCIENCE),
         KADACHIRA HIGHER SECONDARY SCHOOL,
         KADACHIRA,
         KANNUR DISTRICT -PIN - 670663

         BY ADVS.
         SRI.S.SUBHASH CHAND
         SRI.BHADRA S.M.


RESPONDENTS:

    1    THE STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF GENERAL EDUCATION,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION,
         (FORMERLY THE DIRECTOR OF HIGHER
         SECONDARY EDUCATION),
         OFFICE OF THE DIRECTOR OF
         GENERAL EDUCATION,
         THIRUVANANTHAPURAM,
         PIN - 695014
                                                 2025:KER:8291
W.P.(C) No.4286/2025
                             :2:

    3      THE REGIONAL DEPUTY DIRECTOR OF HIGHER
           SECONDARY EDUCATION,
           OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER
           SECONDARY EDUCATION, PAYYAMBALAM, KANNUR
           DISTRICT, PIN - 670001

    4      THE MANAGER,
           KADACHIRA HIGHER SECONDARY SCHOOL,
           KADACHIRA PO,
           KANNUR DISTRICT,
           PIN - 670621

           BY ADV.
           SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 03.02.2025, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                                      2025:KER:8291
W.P.(C) No.4286/2025
                                :3:




                           JUDGMENT

Dated this the 3rd day of February, 2025

The petitioner submits that he is presently working as

Higher Secondary School Teacher (Computer Science) in

Kadachira Higher Secondary School in Kannur District. He

entered service as Upper Primary School Teacher on

05.06.2001 and he was promoted as High School Teacher

(Maths) on 06.06.2002.

2. As evidenced by Ext.P1 order, he was

appointed as Higher Secondary School Teacher (Junior -

Computer Science) with effect from 12.12.2011. As per Ext.P4

order, one post of Higher Secondary School Teacher

(Computer Science) was created by the Government taking into

account the number of periods 16 per week with effect from

06.08.2011 onwards. The 4th respondent has given him

appointment as Higher Secondary School Teacher (Computer 2025:KER:8291

Science) only with effect from 23.02.2013. Going by Exts.P7

and P8 judgments, the said upgradation of Higher Secondary

School Teacher (Computer Science) has to be extended from

the date of commencement of the Academic Year.

3. Presently, Ext.P8 Judgment has become final

as the Special Leave Petitions filed against the same were

dismissed. Therefore, the request of the petitioner is for

upgradation to the post of Higher Secondary School Teacher

(Computer Science) either from the date of commencement of

the Academic Year 2011-2012 or atleast from the date of

commencement of Ext.P4 order with effect from 06.08.2011.

Ext.P6 Revision Petition in this regard is pending before the 1 st

respondent, contends the petitioner.

4. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

the respondents.

5. The contention of the petitioner is that as per

the provisions contained in Rule 2(d) of Chapter XXXII KER, 2025:KER:8291

upgradation of the post of Higher Secondary School Teacher

Junior to Higher Secondary School Teacher will be automatic

on the number of periods per week would exceeding 15.

Denial of the benefit of Ext.P4 is absolutely unfair.

6. Be that as it may, the petitioner has preferred

Ext.P6 Revision Petition before the 1st respondent in this

regard. In the facts of the case, I am of the view that to meet

the ends of justice it would be necessary that the 1 st respondent

considers Ext.P6 Revision Petition.

The writ petition is therefore disposed of directing the

1st respondent to consider Ext.P6 Revision Petition and pass

appropriate orders thereon within a period of four months with

notice to the petitioner, the Manager and any other affected

parties.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:8291

APPENDIX OF WP(C) 4286/2025

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE ORDER DATED 28/3/2018 PASSED BY RESPONDENT NO.3.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 24/4/2013 ISSUED BY RESPONDENT NO.3 APPROVING THE APPOINTMENT OF THE PETITIONER AS HIGHER SECONDARY SCHOOL TEACHER (COMPUTER SCIENCE) WITH EFFECT FROM 23/2/2013.

Exhibit P3 A TRUE COPY OF THE ORDER BEARING GO(MS) NO. 128/10/G.EDN. DATED 20/7/2010 THUS ISSUED BY RESPONDENT NO. 1.

Exhibit P4 A TRUE COPY OF THE ORDER DATED 24/10/2011 OF RESPONDENT NO. 1.

Exhibit P5 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 16/8/2013 THUS ISSUED BY THE REGIONAL DEPUTY DIRECTOR, KOZHIKODE

Exhibit P6 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.