Kerala High Court
Anil K vs State Of Kerala on 5 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:18675
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 20838 OF 2023
PETITIONER:
ANIL K
AGED 53 YEARS, S/O. KRISHNAN NAIR,
HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY),
MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY
SCHOOL, KUMARAMANGALAM, THODUPUZHA,
IDUKKI DISTRICT - 685 584 (RESIDING AT
POONOTH HOUSE, MADAKKATHARAM, VAZHAKULAM,
IDUKKI DISTRICT ), PIN - 686670.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001.
W.P.(C)No.20838 of 2023
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2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR
THIRUVANANTHAPURAM, PIN - 695001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, VAYASKARAKUNNU, KOTTAYAM DISTRICT,
PIN - 686001
4 THE MANAGER
MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY
SCHOOL, KUMARAMANGALAM, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608.
5 THE PRINCIPAL
MALAYATTIL KESAVAN NAIR MEMORIAL HIGHER SECONDARY
SCHOOL, KUMARAMANGALAM, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608.
BY ADV.SRI. PREMCHAND R. NAIR,
SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.20838 of 2023
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JUDGMENT
Dated this the 5th day of March, 2025
The petitioner was initially appointed as HSST (Junior)
in the Malayattil Kesavan Nair Memorial Higher Secondary
School with effect from 01.08.2000 onwards.
2. The petitioner states that additional batches
were started during 2011 itself and during the second year, i.e.
2012, the workload (periods of work) of teaching staff was
increased. Therefore, the Manager promoted the petitioner as
HSST (Zoology) with effect from 28.06.2012 onwards as per
appointment order dated 28.06.2012.
3. The Regional Deputy Director of Higher
Secondary Education conducted staff fixation and issued Staff
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Fixation Order, as per which, one post of HSST (Junior) in
Zoology was sanctioned for the year 2011-12 and 2012-13 and
one post of HSST in Zoology was also sanctioned.
4. The petitioner states that in accordance with
Ext.P6 order, the promotion of the petitioner was approved as
HSST in Zoology with effect from 15.07.2013 onwards. The
petitioner states that as the petitioner was appointed as HSST
with effect from 28.06.2012 consequent on sanctioning of
additional batch, when the periods in the subject increased to
15 hours, the post of HSST (Junior) should stand upgraded as
HSST with effect from 28.06.2012. Therefore, the petitioner is
entitled to get approval for his appointment as HSST with effect
from 28.06.2012.
5. However, the petitioner's request in this regard
was rejected. Ultimately, pursuant to the direction of this Court
in W.P.(C) No.33239 of 2023, the issue reached the
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Government and the Government passed Ext.P14 order
rejecting the application for approval of appointment with effect
from 28.06.2012. The petitioner states that the 1 st respondent
has not considered the relevant aspects of the case. The law
laid down by this Court in Ext.P13 judgment was not taken note
of. As the number of periods (workload) in the subject increased
to 15 hours, the HSST (Junior) post stood automatically
upgraded as HSST in the Academic Year 2012-2013.
Therefore, the petitioner ought to have been granted approval
for appointment as HSST with effect from 28.06.2012.
6. Senior Government Pleader entered
appearance and resisted the writ petition. The Senior
Government Pleader pointed out that the approval was granted
with effect from the date on which the post of HSST was
created in the School. As the post was created only with effect
from 15.07.2013, the appointment could not have been granted
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based on the appointment order issued by the Manager on
28.06.2012. This was specifically so found in Ext.P14 order of
the Government. Government Pleader further pointed out that
Exts.P13 and P14 are subject matter of SLP pending before the
Hon'ble Apex Court. It was in the said circumstances, the
request for approval with effect from an anterior date was
rejected.
7. I have heard the learned Counsel for the
petitioner and the learned Senior Government Pleader
representing respondents 1 to 3.
8. The facts involved in the case are more or less
admitted. An additional batch was sanctioned in the School
during the Academic Year 2011-2012. The petitioner was
working as HSST (Junior) Zoology in the School during 2011-
2012. Due to the sanctioning of additional batch, the number of
periods (workload) increased in the School. If the number of
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periods increased to 15, the School is entitled to have a post of
HSST (Zoology) by upgradation of HSST (Junior) post. In
W.A.724 of 2015, a Division Bench of this Court considered the
issue and held as follows:-
What is necessary to be noticed from the above provision is
that, the service of every aided Higher Secondary School is
directed to consist of all or any of the categories of posts
mentioned therein "as the Director may sanction".
Therefore, the authority to sanction posts, going by Rule 3
above is the Director of Higher Secondary Education. In the
above context, the definitions in Rule 1 (d) and (e) being
relevant are extracted herein below:-
(d) 'Higher Secondary School Teacher' means a
Higher Secondary School Teacher of an aided
school whose work load is 15 or more periods per
week per subject.
(e) 'Higher Secondary School Teacher (Junior)'
means a Higher Secondary School Teacher of an
aided school whose workload is less than 15 periods
per week per subject.
The above Rules stipulate that a Higher Secondary School
Teacher (Junior) means a Higher Secondary School
Teacher whose workload is less than 15 periods per week.
A Higher Secondary School Teacher means a Higher
School Teacher whose workload is 15 or more periods per
week per subject. It therefore follows that, a Higher
Secondary School Teacher (Junior) has to be upgraded to
the post of Higher Secondary School Teacher, once the
workload exceeds 15 periods per week. The above
exercise has to be done by the Director of Higher
Secondary Education, going by Rule 3 of Chapter XXXII. It
is only in the matter of creation of posts that the State has
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power. As per Exhibit.P2, posts of HSST (Junior) were
sanctioned by the Government with effect from 06.08.2011
onwards. The question as to whether the said posts were to
be upgraded to HSST would depend on whether the
workload had exceeded 15 hours per week. The authority
to assess the said situation and to sanction such
upgradation is the Director of Higher Secondary Education.
Ext.P15 judgment was taken up before the Hon'ble Apex Court
and and the Apex Court has upheld the law laid down in the
said judgment as per Ext.P17 order.
9. As the work load of the petitioner's School has
increased to 15 hours in the subject Zoology, the School is
entitled to get the post of HSST (Junior) Zoology, upgraded as
HSST with effect from the point of time when the workload
increased to 15 hours. In the facts of the case, it is declared
that the petitioner is entitled to the benefit of Ext.P15 judgment
in the writ appeal.
10. Exts.P6, P7 and P14 are therefore set aside.
The 1st respondent is directed to reconsider the matter in the
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light of Ext.P15 judgment and pass appropriate orders within a
period of four months, after giving an opportunity of hearing to
the petitioner and other affected parties, if any.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 20838/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR OF HIGHER SECONDARY EDUCATION
VIDE ORDER NO. ACD.A3-4532/HSE/2002
DATED 06/06/2002
Exhibit P-2 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF HIGHER SECONDARY SCHOOL
TEACHERS IN AIDED SCHOOL DATED
07.03.2009
Exhibit P-3 TRUE COPY OF THE G.O. (MS.) NO.
167/2011/G.EDN. DATED 03/08/2011 ALONG
WITH THE RELEVANT EXTRACT
Exhibit P-4 TRUE COPY OF THE G.O. (MS.) NO.
211/2013/G.EDN DATED 15/07/2013 ALONG
WITH THE RELEVANT EXTRACT
Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 28/06/2012
Exhibit P-6 TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, ERNAKULAM VIDE
ORDER NO. A5/15351/RDD/HSE/EKM/2012
DATED 19/11/2013
Exhibit P-7 TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, KOTTAYAM VIDE
ORDER NO. A3/73/RDD/HSE/14 DATED
30/06/2014
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Exhibit P-8 TRUE COPY OF THE G.O. (P) NO. 522/2012/
(113)/FIN DATED 28/09/2012
Exhibit P-9 TRUE COPY OF GOVERNMENT LETTER NO.
GEDN-U1/271/2019-GED DATED 01/11/2019
Exhibit P-10 TRUE COPY OF THE G.O. (P) NO. 1/2018/
(92)/FIN DATED 01/01/2018
Exhibit P-11 TRUE COPY OF THE LETTER OF THE
PETITIONER ADDRESSING THE REGIONAL
DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION DATED 04/08/2022
Exhibit P-12 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 23.09.2022 (ALONG WITH
SENDING RECEIPT )
Exhibit P-13 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 33547/2019 DATED 17/06/2022
Exhibit P-14 TRUE COPY OF G.O.(RT).NO.1720/2023
G.EDN DATED 03.03.2023
Exhibit P-15 TRUE COPY OF THE JUDGMENT IN W.A NO.
724 OF 2015 DATED 28.02.2019
Exhibit P-16 TRUE COPY OF THE JUDGMENT IN WA
NO.724/2015 DATED 28.02.2019 OF THIS
HON'BLE COURT
Exhibit P-17 TRUE COPY OF THE ORDER OF THE SUPREME
COURT IN SLP (CIVIL) NO. 18120/2019
DATED 30.04.2024
