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2025 Supreme(Online)(Ker) 58035

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
HAREESH KUMAR MANAKKAL HIGHER SECONDARY SCHOOL TEACHER (COMMERCE) – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 42363 OF 2025 | WP(C).46505/2025 | WP(C) NO. 45226 OF 2025 | WP(C) NO. 46654 OF 2025



Advocates:
For the Appellants/Petitioners: K.T.SHYAMKUMAR, HARISH R. MENON, K.N.ABHA, A.G.PRASANTH, VARSHA SAHAJAN, MARY HEDWIG BABY, ALEENA SEBASTIAN, FATHIMA HASHIM
For the Respondents: K.B. SONY

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.

Headnote:(A) Education Law - Approval of Appointment - Writ petitions filed for declaring entitlement to approval of appointment in the post of Higher Secondary School Teacher from the date of initial appointment; Court recognizes the need for upgrading posts when workload exceeds a specific threshold. (Paras 1-4)

(B) Similarity of circumstances - Court holds petitioners in similar circumstances as previous cases entitled to the same relief based on prior judgment. (Para 4)

Table of Content
1. declaration of entitlement for appointment approval. (Para 1)
2. need for upgradation based on workload. (Para 2)
3. court's previous decisions guide current outcome. (Para 3)
4. approval process contingent on administrative compliance. (Para 4)

JUDGMENT

Dated this the 19th day of December, 2025

[W.P.(C) Nos.42363, 45226, 46505 & 46654 of 2025]

These writ petitions have been filed by the petitioners seeking to declare that the petitioners are entitled to approval of appointment in the post of Higher Secondary School Teacher with effect from the date of their initial appointment.

2. It is evident from the pleadings that the petitioners were appointed as HSST (Junior). However, the workload of the HSST was exceeding 15 hours per week. If workload is increased in a School, then the post of HSST (Junior) are to be upgraded.

3. Counsel for the petitioners would submit that in similar circumstances, this Court has held that the Government Orders according sanction for upgrdation prospectively cannot be justified and such upgradation shall have effect from the commencement of the academic year when sufficient workload justifying such upgrdation, was available

4. Going through the pleadings in these writ petitions, I find that the petitioners in the writ petitions are similarly situated like the petitioners in Ext.P26 judgment (in W.P.(C) No.42363/2025). Therefore, the petitioners are entitled to similar relief.

The writ petitions are accordingly disposed of directing that if the Managers of the Schools, where the petitioners are working, make proposals for approval of appointments of the petitioners as HSST with effect from the date of their appointment, then the District Educational Officer shall consider the same and grant approval to the appointments, provided the petitioners satisfy all other parameters.

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