JUDGMENT :

The petitioners have approached this Court seeking to quash Ext.P15 Government Order and for issuance of directions to the 2nd respondent to place the petitioners within the category of ‘Higher Secondary School Teacher’ (‘HSST’ for the sake of brevity) based on various staff fixation orders and also to grant necessary approval for their upgradation to the post of HSST.

2. The brief facts which are required to be stated for disposal of the writ petition are as under:

The petitioners contend that they were appointed as HSST (Junior) with effect from 9.10.2014 by the 4th respondent, the Manager of the Brahmamangalam Higher Secondary School. They have been continuing as HSST (Jr.) since then. They contend that the 1st respondent granted sanction for starting one Higher Secondary batch each in Science and Commerce at Brahmamangalam Vocational Higher Secondary School during the academic year 2013-2014 as per Ext.P1 order. Consequent thereto, the Government sanctioned 6 posts of HSST (Jr.) and one post of HSST in the school as per Ext.P2 order dated 4.9.2014. An inspection was thereafter conducted by the Regional Deputy Director (RDD) on 27.9.2014 and the strength of students for Higher Secondary Courses during the academic year 2013-2014 was determined. It was found that there were 36 students in the Science batch and 45 students in the Commerce batch. The strength of the teaching staff of the school was fixed as six HSST (Jr.) and one HSST as per Ext.P3 proceedings dated 29.9.2014. On its basis, the petitioners were appointed against the 6 sanctioned posts of HSST (Jr.) with effect from 9.10.2014 by the Manager. By Ext.P4 proceedings dated 6.11.2014, the RDD granted approval to the appointment of the petitioners 2 to 6 and by Ext.P5 proceedings, approval was granted to the 1st petitioner.

3. The petitioners contend that as per Ext.P6 proceedings dated 8.7.2015 of the RDD, there were a total number of 28 periods for Part-I English, 16 periods for Mathematics, 16 periods for Physics, 16 periods for Chemistry, 16 periods for Computer Application and 16 periods for Economics. Taking note of the above fact, the RDD recommended that the HSST (Jr.) posts in English, Mathematics, Physics, Chemistry, Computer Application, and Economics be upgraded to HSST from 2014-2015 onwards.

4. In the said circumstances, the Manager submitted Ext.P7 representation seeking upgradation to the post of HSST. When no action was taken, a writ petition was filed and pursuant to Ext.P8 judgment, the 1st respondent issued Ext.P9 order directing the Director General of Education (‘DGE’) to re-examine the issue in the light of Government Orders dated 8.6.2017 and 7.6.2017.

5. While so, the RDD passed Ext.P10 proceedings fixing the staff fixation for the academic years 2014-2015 and 2017-2018 in continuation of the academic year 2013-2014. From Ext.P6 proceedings, it appears that the number of recognized class divisions and the workload had increased to 15 and more periods per week per subject. In the light of Ext.P10 proceedings, the Manager submitted Ext.P11 representation. Based on Exhibit P11, the RDD forwarded to the DGE and requested that approval be granted for sanctioning/upgrading the post. However, Ext.P13 letter was issued by the Joint Director (Academic), pointing out that the upgradation of post from HSST (Junior) to HSST would entail additional financial liability.

6. The petitioners yet again approached this Court and by Ext.P14 judgment, the Government was directed to take action. By Ext.P15 order, the request for upgradation was rejected on the ground that it would go against the conditions stipulated in the Government Order dated 31.7.2014.

7. According to the petitioners, Ext.P15 order was passed by the Government clearly on a wrong premise. Relying on Ext.P16 Government Order, which is referred to in Ext. P15, it is stated that all that is stated in Ext.P16 is with regard to sanctioning of new Higher Secondary Schools and additional batches