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2026 Supreme(Online)(Ker) 13719

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
NOUFAL KANDAM VALIYATH HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), M.I.M. HIGHER SECONDARY SCHOOL PERODE, PERODE P.O., NADAPURAM (VIA) KOZHIKODE DISTRICT – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.T.SHYAMKUMAR, SRI.HARISH R. MENON, SMT.K.N.ABHA, SRI.A.G.PRASANTH, SMT.VARSHA SAHAJAN, SMT.MARY HEDWIG BABY, SMT.FATHIMA HASHIM, SMT.ALEENA SEBASTIAN, SMT.ANNU FRANCIS
For the Respondents: SRI. V. VENUGOPAL

JUDGMENT

Dated this the 19th day of February, 2026 This writ petition is filed by Teachers who are working now as HSST in various Aided Schools.

2. The petitioners would urge that though there were sufficient work load justifying upgradation of the post from HSST (Junior) to HSST, no orders were issued in this regard. The issue involved is covered by a Division Bench judgment of this Court in WA No.724 of 2015 , contend the petitioners.

3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

4. The legal issue involved was considered by this Court in W.P.(C) No.20849/2013 and connected cases, wherein this Court has held that the prospective operation of the sanction for upgradation being based on no tangible or valid reasons, the same has necessarily to be held as arbitrary and legally unsustainable. In the judgment, this Court set aside the impugned order to the extent it accords sanction for upgradation of posts of HSST, prospectively with effect from the date of the Government Order.

5. The pleadings would indicate that the judgment in W.P.(C) No.20849/2013 was subjected to challenge in W.A.No.724 of 2015 and connect

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