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2025 Supreme(Ker) 1224

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE N.NAGARESH, J
Manager, Mowancherry U.P. School – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.M.PAREETH, AISWARYA VENUGOPAL, NAJEEB P.S
For the Respondent: SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER

JUDGMENT :

N.NAGARESH, J.

The 1st petitioner is the Manager of Mowanchery UP School and the 2nd petitioner is a UPST appointed in the School. The 2nd petitioner was appointed as UPST as per Ext.P1 appointment order dated 04.06.2012. Approval to the appointment was declined as per Ext.P2 Government Order dated 17.10.2016 on the ground that the vacancy had to be filled up by appointing protected Teacher. Ext.P2 further stated that there is management dispute.

2. For the academic year 2013-2014, though there were sufficient student strength in standard V to sanction two additional posts of UPSA, the posts were not sanctioned. One additional Division in LP Section was, however, sanctioned. No LPSA could be appointed during the academic year 2013-2014. The petitioners state that there were 24 classrooms (22 classrooms + 2 extra spaces) and 23 divisions were sanctioned. If the number of Divisions in the LP Section was limited to 10, which was the actual number of LPSAs engaged, one additional Division could have been sanctioned in UP Section. This was the position in 2014-2015, 2015-2016 and 2016-2017.

3. The 2nd petitioner filed Appeal against the Staff Fixation Orders. The Appeal was reje

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