Court ruled on retrospective approval of teacher appointments based on prior judgments, emphasizing procedural fairness.

JUDGMENT

Dated this the 5^th day of March, 2026 The petitioners, who are working as Higher Secondary School Teachers (Junior), have filed this writ petition seeking for a direction to the 4^th respondent to approve the appointment of the petitioners from the actual date of appointment as in Exts.P2, P2(a) and P2(b) appointment orders and to set aside Ext.P3 to the extent the appointment of the 1^st petitioner was approved only with effect from 31.08.2013 and that of petitioners 2 and 3 were approved only with effect from 29.08.2013. The petitioners submit that the legal issue involved in the writ petition is covered in their favour as per the judgment of this Court in W.P.(C).No.4296 of 2026.

2. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the case of the petitioners cannot be compared with the case of the petitioners in W.P.(C).No.4296 of 2026. There are factual differences. However, in the light of Exts.P5 and P6, the issue raised by the petitioners can be reconsidered.

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

4. The petitioners were appointed as Higher Secondary School Teachers (Junior) with effect from 28.06.2012. However, when the Regional Deputy Director issued Ext.P3 order dated 26.10.2015, the appointment of the 1^st petitioner was approved only with effect from 31.08.2013 and that of petitioners 2 and 3 were approved only with effect from 29.08.2013, on the ground that the new posts were created only with effect from those dates.

5. This Court considered the legality of such appointment in the midst of the academic year, in W.P.(C) No.19141 of 2013. This Court disposed of the writ petition as per Ext.P5 judgment holding that sanction has to relate back to the concerned academic year when the batch was sanctioned. The matter was taken up by the State before the Division Bench of this Court filing W.A.No.724 of 2015 . The Division Bench upheld Ext.P5 judgment of the learned Single Judge. The Hon’ble Apex Court also, as per Ext.P7 order dated 30.04.2024, upheld the judgment of this Court.

6. An identical case came up for consideration before this Court in W.P.(C) No.4296 of 2026. In the said writ petition, this Court declared that the prospective operation of the sanction for upgradation is arbitrary and sustainable.

In the afore facts of the case, the writ petition is disposed of directing the 1^st respondent to reconsider the issue in the light of Exts.P5 to P7 judgments/orders. If the petitioners satisfy all other parameters, the approval to the appointment of the petitioners should relate back to the initial date of their appointment. Orders shall be passed within a period of three months.

Sd/-