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2026 Supreme(Online)(Ker) 14570

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
THE CORPORATE MANAGER, CMS SCHOOL DIOCESE OF MADHYA KERALA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 6711 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.MANOJ RAMASWAMY, SMT.JOLIMA GEORGE, SMT.C.B.SABEELA, SMT.APARNA G., SMT.SHYLAKUMARI C.C., SMT.NAMITHA BABU
For the Respondents: SMT.V.A. HARITHA, GOVERNMENT PLEADER

The classification of teaching posts must adhere to statutory rules regarding sanctioned strengths and cannot be deemed additional if overall positions decrease.

Headnote:The judgment addresses the illegal classification of an LG (Hindi) post as an 'additional post' under the Kerala Education Act and Rules, leading to denial of appointment and pension benefits. The court found that a net reduction in sanctioned posts made the classification illegal. The main issues centered around the non-consideration of a statutory Revision Petition filed by the petitioner. The court ordered appropriate consideration of the petition within two months.

Table of Content
1. illegal classification of educational posts (Para 1 , 2 , 3)
2. denial of benefits due to non-approval (Para 4 , 5)
3. court's directive for timely consideration of petitions (Para 6 , 8)

JUDGMENT Dated this the 20th day of February, 2026 The petitioner is Corporate Manager of an Aided School governed by the Kerala Education Act and Rules. The writ petition challenges the illegal classification of a statutorily substituted LG (Hindi) post as an "additional post", resulting in denial of approval to the appointment of Smt.Aleyamma Cherian and consequential denial of salary and pensionary benefits.

2. For the Academic Year 2022-2023, one division in Standard VIII was reduced. In accordance with Chapter XXIII, Rule 6F of the Kerala Education Rules , 1959, Hindi periods in the Upper Primary and High School Sections were combined, which justified only an LG (Hindi) post instead of the earlier HST (Hindi) post. Thus, the change was a statutory substitution compelled by reduction in period strength.

3. The total sanctioned teaching posts decreased from 25 in the previous academic year to 23 in 2022-2023. Under Chapter XXI, Rule 7(2) of the Kerala Education Rules , 1959, teaching posts constitute a single unit and a post can be termed "additional" only if the total sanctioned strength increases. In the present case, there was a net reduction. Therefore, treating the LG (Hindi) post as an additional post is illegal, contends the petitioner.

4. Despite this, approval to the Teacher appointed in the said post was denied. The Teacher worked from 15.07.2022 till her retirement on 31.05.2025. Due to non- approval, pension proposals cannot be processed, causing serious and continuing prejudice.

5. The petitioner has preferred Ext.P6 statutory Revision Petition under Rule 12E of the Kerala Education Rules , before the 2nd respondent. Non-consideration of Ext.P6 by the 2nd respondent is illegal and arbitrary, contends the petitioner.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

7. Aggrieved by the Staff Fixation for the year

2023-2024, the petitioner has preferred Ext.P6 Revision Petition before the 2nd respondent invoking Rule 12E, Chapter XXIII of the Kerala Education Rules , 1959.

8. As Ext.P6 is a statutory Revision Petition, it would be only appropriate that the 2nd respondent considers the same and passes appropriate orders thereon within a reasonable time.

The writ petition is therefore disposed of directing the

2nd respondent to consider Ext.P6 and pass appropriate orders thereon within a period of two months after giving opportunity of hearing.

Sd/-

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