SOMY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Two Higher Secondary School Teachers (Jr. Syriac) working in aided school managed by the 4th respondent Corporate Educational Agency have approached this Court, being aggrieved by the refusal on the part of the 2nd respondent in effecting upgradation of their post to Higher Secondary School Teachers (Syriac). According to the petitioners, as per the provisions of the Kerala Education Rules and the law laid down by this Court in State of Kerala and Ors. v. K.V.Sreejith and Ors. [2019 (2) KLT 253] interpreting the provisions, a Higher Secondary School Teacher (Jr.) has to be upgraded to the post of Higher Secondary School Teacher once the workload exceeds 15 periods per week. Since identical issues are raised by teachers working under the same corporate management, these writ petitions are taken up and disposed of by a common judgment.

(2.) The petitioners contend that during the academic year 2012- 2013, while the petitioner in W.P.(C) No.9658/2021 was working at the Holy Cross Higher Secondary School, Cherupungal and the petitioner in W.P.(C) No.9540/2021 was working at the St. Mary's Higher Secondary School, Bharananganam, the number of periods/workload for Higher Secondary School Teacher (Jr. Syriac) had exceeded 15 periods per week. Reliance is placed on the staff fixation orders pertaining to St. Mary's Higher Secondary School, Bharananganam, (Exts.P2 to P4(a) in W.P.(C) No.9540/2021) and the staff fixation orders pertaining to Holy Cross HSS, Cherupunkal (Exts.P2 to P5(a) in W.P.(C) No.9658/2021) and it is contended that the periods for Syriac in the respective schools had clearly exceeded 15 periods per week.

(3.) It is contended that in view of the mandate under Rule 3 of Chapter XXXII of the KER the 2nd respondent was statutorily bound to carry out the upgradation.