JAYADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court seeking to quash Ext.P15 Government Order and for issuance of directions to the 2nd respondent to place the petitioners within the category of 'Higher Secondary School Teacher' ('HSST' for the sake of brevity) based on various staff fixation orders and also to grant necessary approval for their upgradation to the post of HSST.

(2.) The brief facts which are required to be stated for disposal of the writ petition are as under: The petitioners contend that they were appointed as HSST (Junior) with effect from 9/10/2014 by the 4th respondent, the Manager of the Brahmamangalam Higher Secondary School. They have been continuing as HSST (Jr.) since then. They contend that the 1st respondent granted sanction for starting one Higher Secondary batch each in Science and Commerce at Brahmamangalam Vocational Higher Secondary School during the academic year 2013-2014 as per Ext.P1 order. Consequent thereto, the Government sanctioned 6 posts of HSST (Jr.) and one post of HSST in the school as per Ext.P2 order dtd. 4/9/2014. An inspection was thereafter conducted by the Regional Deputy Director (RDD) on 27/9/2014 and the strength of students for Higher Secondary Courses during the academic year 2013-2014 was determined. It was found that there were 36 students in the Science batch and 45 students in the Commerce batch. The strength of the teaching staff of the school was fixed as six HSST (Jr.) and one HSST as per Ext.P3 proceedings dtd. 29/9/2014. On its basis, the petitioners were appointed against the 6 sanctioned posts of HSST (Jr.) with effect from 9/10/2014 by the Manager. By Ext.P4 proceedings dtd. 6/11/2014, the RDD granted approval to the appointment of the petitioners 2 to 6 and by Ext.P5 proceedings, approval was granted to the 1st petitioner.

(3.) The petitioners contend that as per Ext.P6 proceedings dtd. 8/7/2015 of the RDD, there were a total number of 28 periods for Part-I English, 16 periods for Mathematics, 16 periods for Physics, 16 periods for Chemistry, 16 periods for Computer Application and 16 periods for Economics. Taking note of the above fact, the RDD recommended that the HSST (Jr.) posts in English, Mathematics, Physics, Chemistry, Computer Application, and Economics be upgraded to HSST from 2014-2015 onwards.