IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
JOSEPH A GEORGE – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 7758 OF 2026
| Table of Content |
|---|
| 1. promotion process and qualifications addressed. (Para 1 , 2) |
| 2. issues regarding delay in promotion. (Para 3 , 4) |
| 3. contention for early approval post-delay. (Para 5 , 6) |
| 4. court directs consideration of pending petitions. (Para 7) |
JUDGMENT
Dated this the 27th day of February, 2026 The petitioner entered service in the School as LPSA on 04.07.1994. Vacancy of Headmaster arose in the School on 01.04.2020. The petitioner has passed BA, TTC and Account Test (Lower). Smt.Sobha.S, HM retired on 31.03.2020. In Ext.P5, the petitioner is serial No.3. Serial No.1 was the Headmaster, who retired from service on 31.03.2020 and thus the vacancy of Headmistress arose on 01.04.2020. Serial No.2 Smt.Shyne M. Aykara in Ext.P5 relinquished her right of promotion as Headmaster.
2. In the circumstances, the petitioner was granted promotion as Headmaster of the School from 01.04.2020. Approval to Ext.P7 was, however, declined by the Assistant Educational Officer stating that the petitioner has not cleared Test in the Kerala Education Act and Rules. In fact the petitioner has cleared the Test in the Kerala Education Act and Rules in January, 2022. In view of Ext.P9, the Director issued order so as to approve the promotion of the petitioner as Headmaster from 01.04.2020 in terms of Rule 45C of Chapter XIVA KER. The order dated 28.11.2024 issued by the Assistant Educational Officer is granting approval to the petitioner as Headmaster but only from 22.07.2022.
3. Aggrieved, the petitioner moved the Director but the Director upheld the orders of the Assistant Educational Officer contained in Ext.P11. In view of Ext.P12, the petitioner is at loss of fixation of pay in the cadre of Headmaster from 01.04.2020. Ext.P12 goes against the orders of the Government contained in Circulars dated 16.02.2021 and
11.04.2022.
4. In view of Exts.P13 and P14, Exts.P11 and P12 are liable to be interfered with, granting the scale of pay of the Primary School Headmaster to the petitioner and also fixation benefits under Rule 43A Chapter XIVA KER for his promotion as Headmaster being a regular one from 01.04.2020. The petitioner moved Government as per Revision Petition dated 10.02.2026 under Rule 92 of Chapter XIVA KER, requesting to grant approval to his appointment from 01.04.2020 to 21.07.2022 as Headmaster temporary under Rule 45C of Chapter XIVA KER and from 22.07.2022 as Headmaster in terms of Exts.P13 and P14 orders. But, it is pending. Any delay in consideration and disposal of Ext.P15 will adversely affect the best service interests of the petitioner, contends the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. Notice to the 5th respondent is dispensed with in view of the nature of the relief to be granted.
6. The contention of the petitioner is that the approval has been granted only from 22.07.2022. In view of Rule 45C of Chapter XIVA of the KER, the petitioner is entitled to approval from 01.04.2020.
7. Be that as it may, I find that the petitioner has preferred Ext.P15 Revision Petition in this regard which is pending before the 1st respondent. Ext.P15 being a statutory revision petition, it would be only just and proper that the revisional authority considers the same and passes appropriate orders in accordance with law within a reasonable time.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P15 Revision Petition and pass appropriate orders thereon after giving an opportunity of hearing to the petitioner and the 5th respondent.
Sd/-
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