The appointment of teachers must be approved for salary and benefits as per court decisions, overriding current authority objections based on procedural violations.

JUDGMENT

Dated this the 14^th day of January, 2026

The petitioners are Teachers working in established vacancies in the Kadambur Higher Secondary School in Kannur District. The petitioners seek to set aside Exts.P28 and P43 and to declare that the service benefits of the petitioners including arrears of salary stands crystallised in view of Exts.P20 and P21 judgments of this Court and any proceeding contrary to the same is liable to be set aside. The petitioners have sought for certain other incidental reliefs also.

2. Kadambur Higher Secondary School was functioning jointly as a High School and Higher Secondary School. In the year 2014, the Higher Secondary section of the School was shifted to another nearby premises. In the Academic Year 2018-2019, 154 divisions were sanctioned by the educational authorities in the High School section, by Ext.P6 Staff Fixation Order dated 03.07.2018.

3. The petitioners state that in the meanwhile, a Super Check Cell conducted an inspection and submitted Ext.P7 report on 15.01.2019. In Ext.P7, it was stated that only 128 divisions were functioning in the School. The petitioners would urge that the Super Check Cell could not have conducted an inspection in January, 2019 since as per Ext.P8 Government Order, such inspections cannot be conducted after 30^th of November of each Academic Year. The petitioners would further urge that Ext.P7 report does not contain material factors which are required to come to a conclusion regarding the number of divisions functioning.

4. Subsequently, the District Educational Officer also conducted an inspection and submitted Ext.P9 inspection report dated 21.02.2018. The District Educational Officer also concluded that only 128 divisions are functioning in the School. Thereafter, yet another joint inspection was conducted by the Regional Deputy Director, the District Educational Officer and the Deputy Director of Education. Ext.P10 is the inspection report dated 28.02.2019 made pursuant to the joint inspection. Ext.P10, however, concluded that 149 divisions are functioning in the School. Pursuant thereto, Staff Fixation Orders were revised as per Ext.P13 dated 31.12.2019. Though the conclusion of the joint inspection was that 149 divisions are functioning, the staff strength was fixed considering only 128 divisions as functioning.

5. The petitioners state that all these issues arose because the educational authorities did not recognised the shifting of the Higher Secondary School to another premises and consequential availability of accommodation in the High School. Finally, as per Ext.P17 order dated 31.03.2022, the educational authorities ratified the shifting of the Higher Secondary section to another premises.

6. In the meanwhile, the petitioners herein filed W.P.(C) No.40219 of 2022 and connected cases. This Court allowed those writ petitions and directed the competent authority to approve the appointments of the Teachers in the writ petition in the light of Ext.P10 therein and also in the light of the findings in W.P.(C) No.290 of 2020, if the proposal for approval is otherwise in order. Orders were to be passed within two months. Though the State of Kerala took up Ext.P20 judgment in appeal before a Division Bench filing W.A.No.1301 of 2023 , the Division Bench of this Court disposed of the writ appeal as per Ext.P21 judgment dated 09.08.2023, wherein it was directed that the appointment of the petitioners / Teachers alone shall be approved forthright for the limited purpose of enabling them to draw their salary and other allowances for the period from the date o