Kerala High Court
The Manager vs The State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33627
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 32678 OF 2023
PETITIONER:
SHEEJA.C
AGED 44 YEARS
HSST JR (MALAYALAM)
ABDURAHIMAN NAGAR HIGHER SECONDARY SCHOOL
CHENDAPPURAYA MALAPPURAM-676305
(RESIDING AT VISHAKAM, THIRUVANNURNADA P.O.
KOZHIKKODE, PIN - 673029.
BY ADVS.
T.T.MUHAMOOD
NAZEER HUZAIN.H
GOKUL R.NAIR
NIKHILA.P
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY, THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION (HIGHER
SECONDARY WING) HOUSING BOARD BUILDING,
SANTHINAGAR, THIRUVANANTHAPURAM, PIN - 695001.
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
:2:
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, OFFICE OF THE REGIONAL DEPUTY
DIRECTOR OF HIGHER SECONDARY EDUCATION,
MALAPPURAM-, PIN - 676505.
4 MANAGER
ABDURAHIMAN NAGAR HIGHER SECONDARY SCHOOL
CHENDAPPURAYA MALAPPURAM, PIN - 676305.
BY ADVS.
SRI.TONY M, GOVERNMENT PLEADER
SMT.RIYA MERIN BENCYKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2025, ALONG WITH WP(C).3934/2025, THE
COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 3934 OF 2025
PETITIONER:
THE MANAGER
ABDURAHIMAN NAGAR HIGHER SECONDARY SCHOOL,
CHENDAPURAYA, MALAPPURAM DISTRICT,
PIN - 676305.
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, TRIVANDRUM,
PIN - 695001.
2 DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY),
DIRECTOR OF GENERAL EDUCATION JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014.
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
:4:
3 REGIONAL DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE REGIONAL DEPUTY DIRECTOR,
DOWN HILL, MALAPPURAM,
MALAPPURAM DISTRICT, PIN - 676505.
BY ADV.SRI.TONY M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2025, ALONG WITH WP(C).32678/2023,
THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
:5:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.32678 of 2023 and 3934 of 2025
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
These two writ petitions are based on
common facts and raise common questions of law.
Therefore, they are heard together and disposed of by a
common judgment. Parties and exhibits in the writ petitions
are referred to in this judgment as they are described/marked
in W.P.(C) No.32678/2023, for convenience.
2. In W.P.(C) No.32678/2023, the petitioner
contends that she is working as HSST Junior (Malayalam) in
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
the School managed by the 4th respondent. Additional
batches were sanctioned in the School in the year 2014. The
total number of periods in Malayalam increased to 36 per
week from the year 2015-2016 onwards. For 36 periods of
Malayalam, one HSST (Malayalam) and one HSST Junior
(Malayalam) posts are permissible. However, there was only
one HSST (Malayalam) Teacher working then.
3. Therefore, the petitioner was appointed as
HSST Junior in Malayalam as per Ext.P2 order dated
29.06.2017. The petitioner is fully qualified to be appointed
as HSST / HSST Junior in Malayalam. The petitioner's
appointment has not been approved and she has not been
paid salary and allowances.
4. As per Government Orders, no HSST /
HSST Junior post in Malayalam was sanctioned to the
petitioner's School. A Guest Teacher post alone was
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
sanctioned. When 36 periods are available per week for the
subject Malayalam, the School was entitled to a regular post
of HSST Junior. Aggrieved by denial of approval, the
petitioner filed W.P.(C) No.41116/2018. The writ petition was
disposed of as per Ext.P7 judgment directing the 1st
respondent to reconsider the matter of approval of the
petitioner. The 1st respondent thereupon passed Ext.P8
order declining the request of the petitioner. In Ext.P8,
availability of 36 periods is admitted. The staff fixation of the
School for the year 2020-2021 to 2023-2024 is not
completed. The petitioner states that the Government has
issued Ext.P10 order stating that the Teacher was appointed
without any selection process. The Government, however,
did not correct the mistake by sanctioning one regular post of
HSST Junior.
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
5. W.P.(C) No.3934/2025 has been filed by the
4th respondent-Manager challenging Ext.P9 order of the
Government and seeking to direct respondents 1 and 2 to
sanction an HSST Junior post in Malayalam from
21.08.2017. The 4th respondent stated that during 2014-
2015, additional batches were sanctioned, however, the
Junior HSST post in Malayalam was omitted to be
sanctioned. The petitioner was continuing on daily wages.
6. The 4th respondent submitted that the
Government omitted to consider the admitted fact that there
were 36 periods for Malayalam. After allotting 25 periods to
HSST, 11 periods have to be handled by a HSST Junior.
Respondents 1 to 3 therefore ought to have sanctioned a
post of HSST Junior with effect from 21.08.2017.
7. The 3rd respondent filed a counter affidavit.
The 3rd respondent stated that as per the Staff Fixation Order
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
dated 07.12.2017, one HSST Junior Guest Teacher
Malayalam post alone is sanctioned and the Government has
not created HSST Junior Malayalam post. The petitioner
was appointed by the 4th respondent-Manager unilaterally
first and then sought for creation of the post. The demand
has been declined by the Principal Secretary to the General
Education Department. The writ petition is therefore liable to
be rejected.
8. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 3 and the learned counsel appearing for the
4th respondent.
9. The petitioner was appointed as HSST
Junior as per Ext.P2 order dated 29.06.2017 of the Manager.
The appointment was on a daily wage basis. The argument
of the petitioner is that since there are 35 periods of
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
Malayalam per week in the School, the School is entitled to
have one HSST and one HSST Junior. The petitioner's
appointment with effect from 29.06.2017 is therefore liable to
be approved sanctioning a post of HSST Junior.
10. Ext.P2 is the appointment order given to the
petitioner. Ext.P2 would show that the petitioner was
appointed as a daily wage Junior HSST Malayalam, by the
Manager. Ext.P8 is the order passed by the Government on
01.03.2023, upon a representation filed by the petitioner. In
Ext.P4, the Government has examined the matter and has
held that when new Higher Secondary Batches are granted,
only Guest Teachers need to be appointed and the decision
of the Government was that creation of regular posts need to
be done only after three academic years and only if there are
sufficient students. The Government has also held that such
regular appointments against newly created posts should be
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
filled up by a Selection Committee inclusive of Government
nominee.
11. In the case of appointment of the petitioner,
the selection of the petitioner was not by a Selection
Committee having the representative of the Government. As
the decision of the Government is that new post need be
created in Schools where new Batches are sanctioned, only
after three years and subject to the availability of students,
the petitioner cannot as of right claim that her appointment on
daily wage basis should be approved as permanent
appointment from the date of initial appointment.
In the circumstances, I do not find any merit
in the writ petitions. The writ petitions are therefore
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/24.04.2025
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
APPENDIX OF WP(C) 32678/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF G.O (MS) 247/14/G.EDN
DATED 24.11.2014
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 29.06.2017 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE MA DEGREE CERTIFICATE
DATED 12-08-2003 ISSUED BY THE CALICUT
UNIVERSITY
Exhibit P3(a) TRUE COPY OF THE SET CERTIFICATE DATED
31-10-2008 ISSUED BY THE DIRECTOR OF
HIGHER SECONDARY EDUCATION
Exhibit P3(b) TRUE COPY OF THE B.ED CERTIFICATE
DATED 01-09-2003 ISSUED BY THE CALICUT
UNIVERSITY
Exhibit P4 TRUE COPY OF THE G.O (MS) NO.
106/2017/G.EDN DATED 21.8.2017 WITH
RELEVANT ANNEXURE
Exhibit P5 TRUE COPY OF THE ORDER NO.
J/13289/2017RDD/HSE/MLPM DATED
7/12/2017
Exhibit8 P6 TRUE COPY OF THE G.O(MS) NO.
162/1991/G.EDN DATED 1.10.1991
Exhibit P7 TRUE COPY OF JUDGMENT DATED 23-06-2021
IN WP© 41116/2018 PASSED BY HON'BLE
HIGH COURT
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
Exhibit P8 TRUE COPY OF GO (RT) NO.
1663/2023/G.EDN DATED 01-03-2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE RELEVANT PORTION OF
LETTER NO. N2/81/2023/G.EDN DATED 08-
08-2023 ISSUED BY THE STATE PUBLIC
INFORMATION OFFICER AND UNDER
SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM
Exhibit P10 TRUE COPY OF THE GO(RT) NO.
9110/2024/G.EDN DATED 27.12.2024
Exhibit P11 A TRUE COPY OF THE STAFF FIXATION OF
THE SCHOOL FOR THE YEAR 2018-19 ISSUED
BY THE 3RD RESPONDENT DATED 07.03.2019
Exhibit P12 TRUE COPY OF THE STAFF FIXATION OF THE
SCHOOL FOR THE YEAR 2019-20 ISSUED BY
THE 3RD RESPONDENT DATED 29.10.2021
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
APPENDIX OF WP(C) 3934/2025
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER NO.
A6/14012/2011 ISSUED BY THE 3RD
RESPONDENT DATED 31.12.2011
Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER OF
SHEEJA C AS HSST(JR) IN MALAYALAM
DATED 29.06.2017
Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES OF THE
GO(RT) NO. 106/2017/G.EDN DATED
21.08.2017
Exhibit-P4 TRUE COPY OF THE ORDER NO.
H/6857/2016/RDD/MLPM /HSE/KDIS ISSUED
BY THE 3RD RESPONDENT DATED 20.09.2017
Exhibit-P5 TRUE COPY OF THE ORDER NO.
H/7489/17/RDD /MLPM/HSE/KDIS ISSUED BY
THE 3RD RESPONDENT DATED 16.07.2019
Exhibit-P5(a) TRUE COPY OF THE ORDER NO.
J/11871/2019/RDD/MLPM/ KDIS ISSUED BY
THE 3RD RESPONDENT DATED 16.10.2019
Exhibit-P6 TRUE COPY OF THE STAFF FIXATION OF THE
SCHOOL FOR THE YEARS 2014-15 TO 2017-
18 ISSUED BY THE 3RD RESPONDENT DATED
07.12.2017
Exhibit-P7 TRUE COPY OF THE GO(RT) NO.
1663/2023/G. EDN OF THE GOVERNMENT
DATED 01.03.2023
Exhibit-P8 TRUE COPY OF THE RELEVANT PAGES OF THE
2025:KER:33627
W.P.(C) Nos.32678/2023 & 3934/2025
NOTE FILE OBTAINED FROM THE 1ST
RESPONDENT
Exhibit-P9 TRUE COPY OF THE GO(RT) NO.
9110/2024/G.EDN DATED 27.12.2024
Exhibit-P10 TRUE COPY OF THE STAFF FIXATION OF THE
SCHOOL FOR THE YEAR 2018-19 ISSUED BY
THE 3RD RESPONDENT DATED 07.03.2019
Exhibit-P10(a) TRUE COPY OF THE STAFF FIXATION OF THE
SCHOOL FOR THE YEAR 2019-20 ISSUED BY
THE 3RD RESPONDENT DATED 29.10.2021
Exhibit-P10(b) TRUE COPY OF THE COVERING LETTER OF
THE PRINCIPAL DATED 16.11.2023 ALONG
WITH THE REPORT OF THE STAFF FIXATION
OF THE SCHOOL FOR THE YEAR 2020-21 TO
2023-24 DATED 16.11.2023
