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2021 Supreme(Ker) 697

RAJA VIJAYARAGHAVAN V.
Fr. Somy Mathew, S/o. K. M. Mathew – Appellant
Versus
State of Kerala, Represented by the Secretary to Government, Department of General Education(T), Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: S. Subhash Chand.
For the Respondent: S. Jayakrishnan, Government Pleader, Smt. Nisha Bose SR GP.

JUDGMENT :

Two Higher Secondary School Teachers (Jr. Syriac) working in aided school managed by the 4th respondent Corporate Educational Agency have approached this Court, being aggrieved by the refusal on the part of the 2nd respondent in effecting upgradation of their post to Higher Secondary School Teachers (Syriac). According to the petitioners, as per the provisions of the Kerala Education Rules and the law laid down by this Court in State of Kerala and Ors. v. K.V. Sreejith and Ors. [2019 (2) KLT 253] interpreting the provisions, a Higher Secondary School Teacher (Jr.) has to be upgraded to the post of Higher Secondary School Teacher once the workload exceeds 15 periods per week. Since identical issues are raised by teachers working under the same corporate management, these writ petitions are taken up and disposed of by a common judgment.

2. The petitioners contend that during the academic year 2012-2013, while the petitioner in W.P.(C) No.9658/2021 was working at the Holy Cross Higher Secondary School, Cherupungal and the petitioner in W.P.(C) No.9540/2021 was working at the St. Mary’s Higher Secondary School, Bharananganam, the number of periods/workload for Higher Secondary

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