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Kerala High Court
Smt Bini Mathew vs The State Of Kerala on 19 February, 2026
2026:KER:15153
W.P.(C)No.12885 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 12885 OF 2023
PETITIONER:
SMT BINI MATHEW, AGED 48 YEARS, W/O
PHILIPKUTTY.M, THADATHIVILA VEEDU,
THRIPPILAZHIKOM.P.O., KOLLAM DISTRICT. PIN- 691
509. (H.S.T(SS), ST GEORGE V.H.S.S , CHOWALLOOR,
KOLLAM DISTRICT. PIN- 691 509 )
BY ADVS.
SRI.T.R.RAJAN
SRI.SAJU J PANICKER
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE
SECRETARY, GENERAL EDUCATION(A) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM KERALA., PIN -
695 001
2 THE JOINT DIRECTOR OF GENERAL EDUCATION(ACADEMIC)
DIRECTORATE OF GENERAL EDUCATION,JAGATHI,
THIRUVANANTHAPURAM ., PIN - 695 014
3 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT
EDUCATIONAL OFFICE, NEAR POLICE STATION,
KOTTARAKKARA, PIN - 691 506
4 ST GEORGE V.H.S.S, CHOWALLOOR, KOLLAM DISTRICT
REPRESENTED BY IT'S HEADMASTER., PIN - 691 509
5 MMC CORPORATE MANAGEMENT SCHOOLS, CATHOLICATE,
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W.P.(C)No.12885 of 2023
2
ARAMANA, DEVALOKAM, KOTTAYAM REPRESENTED BY ITS
MANAGER, PIN - 686 038
BY ADVS.
GOVERNMENT PLEADER
SRI.V.PHILIP MATHEWS
SHRI.MATHEWS PHILIP V.
SRI. N.B. SUNIL NATH , GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:15153
W.P.(C)No.12885 of 2023
3
JUDGMENT
I have heard Sri.T.R. Rajan, the learned counsel for the
petitioner, as well as Sri.N.B.Sunil Nath, the learned Government
Pleader.
2. The petitioner was appointed as UPSA in the year
2001, and admittedly, her appointment as above was also
approved. Subsequently, pursuant to Ext.P1 order, she was
promoted and posted as HSA (SS) with effect from 01.08.2011,
based on a claim under Rule 43 of Chapter XIV-A of the Kerala
Education Rules, 1959 (KER). However, her appointment as HSA
as above was not approved essentially on the basis of the fact
that no staff fixation was granted to the school. As against the
refusal to approve the appointment as above, both the petitioner
and the management of the school went up in appeal before the
2nd respondent. By Ext.P6 appellate order, the appeals filed as
above came to be rejected by the 2nd respondent - Joint
Director. Though a further revision was presented before the
Government by the petitioner, the Government, by Ext.P8, has
also rejected the afore revision, pointing out that those who
2026:KER:15153
have been appointed on the basis of Rule 43 protection could
not claim protection of approval of such appointment.
Therefore, for the period from 01.08.2011 to 14.07.2012, the
petitioner's appointment as HSA was approved, and still later, for
the period from 03.06.2013, also her appointment as HSA was
approved. However, for the interregnum from 15.07.2012 to
02.06.2013, the appointment having not been approved, the
petitioner is before this Court seeking to challenge Exts.P6 and
P8 orders as well as seeking a direction to approve the
appointment as HSA (SS) for the period from 15.07.2012 to
02.06.2013 as well.
3. Sri T.R. Rajan, the learned counsel for the
petitioner, has brought to the notice of this Court the subsequent
Government Circular dated 19.11.2018, produced as Ext.P13
along with the reply affidavit, wherein it has been held by the
Government that, even with reference to the promotion granted
as stated above, protection under Rule 43, being a statutory
entitlement under the provisions of the KER, is required to be
extended to such claims. In the light of the Circular at Ext.P13,
the consideration made in Ext.P8 does not appear to be correct.
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Therefore, I am of the opinion that the matter requires
reconsideration at the hands of the Government.
Resultantly, this writ petition would stand allowed,
setting aside Ext.P8. There will be a direction to the
Government to consider the matter afresh, also taking into
account the Circular at Ext.P13 dated 19.11.2018. Fresh orders
are to be passed as above, as expeditiously as possible, at any
rate, within a period of eight weeks from the date of receipt of a
copy of the judgment, after granting the petitioner also an
effective opportunity of being heard.
Sd/-
HARISANKAR V. MENON
JUDGE
PR
2026:KER:15153
APPENDIX OF WP(C) NO. 12885 OF 2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
1/8/2011 ISSUED BY THE 5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
8/6/2013 ISSUED BY THE 5TH RESPONDENT
Exhibit P3 TRUE COPY OF THE APPEAL DATED NIL FILED BY
THE 5TH RESPONDENT BEFORE THE DIRECTOR OF
GENERAL EDUCATION
Exhibit P4 TRUE COPY OF THE APPEAL DATED NIL FILED BY
THE PETITIONER BEFORE THE DIRECTOR OF
GENERAL EDUCATION
Exhibit P5 TRUE COPY OF THE STATEMENT DATED 3/8/2017
FILED BY THE PETITIONER BEFORE THE DIRECTOR
OF GENERAL EDUCATION
Exhibit P6 TRUE COPY OF THE ORDER NO
R.A(4)27553/2017/DPI/D.DIS DATED 13/12/2018
ISSUED BY THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE PETITION DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER NO A3/295/2017-G.EDN
DATED 22/12/2017 OF THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE CERTIFICATE DATED
21/3/2023 ISSUED BY THE NEPHROLOGIST OF
KIMS HEALTH HOSPITAL, KOLLAM
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER DATED
29/1/2016
Exhibit P11 TRUE COPY OF THE ORDER DATED 19/8/2018
ISSUED BY THE DIRECTOR OF GENERAL EDUCATION
Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER NO
G.O(M.S) NO 136/2021/GEDN DATED 31/3/2021
Exhibit P13 TRUE COPY OF THE CIRCULAR BEARING NO.
J2/217/18/GENEDN DATED 19/11/2018 ISSUED BY
THE 1ST RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R3 (a) TRUE COPY OF GO(P) NO.08/2022/G.EDN DATED
14.07.2022
