IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Sheeja.C – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
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 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 pet
The court upheld the Government's policy requiring a selection process and a three-year waiting period for creating permanent teaching posts, denying the petitioner's claim for approval of her daily ....
The appointment of a teacher to an unsanctioned post is void; creation of posts follows governmental policy decisions based on financial constraints and student enrollment as mandated by statutory re....
The appointment of the petitioner as HSST Junior (Malayalam) was justified based on the Staff Fixation Orders, and the rejection of her appointment violated principles of natural justice.
Judicial review on administrative decisions affecting teacher appointments ensures fairness and adherence to established precedents.
Appointments of HSST must be approved from anterior dates when workload exceeds specified hours.
Eligibility for promotion requires possession of requisite qualifications at the time of vacancy; daily wage employees cannot claim promotion without regularization.
Financial constraints cannot justify the denial of sanctioned posts in educational institutions as per statutory requirements.
Unqualified appointments in government schools are invalid unless proper qualifications are met, ensuring adherence to statutory rules.
Increased workload justifies upgradation of teaching posts in educational institutions as per established legal precedents.
The Court determines that teachers are entitled to approval of their appointments based on workload exceeding the statutory threshold, granting similar relief as in previous cases.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.