DIVYA S. KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as HST English under the 5th respondent-School, is aggrieved by denial of salary from the month of July, 2024 onwards in spite of the fact that the School is having three Divisions at High School justifying one post of HST English.

(2.) The petitioner was appointed as HST in Devaswom Board High School, Thrikkariyoor. The petitioner was transferred to the 5th respondent- Devaswom Board Higher Secondary School, Parumala on 28/10/2009. The 5th respondent was having four Divisions at High School during the academic year 2023-2024. As per Clause 8(8) of Ext.P1 order, there will be three Divisions for the academic year 2024-2025. Ext.P1 order of staff fixation in respect of the 5th respondent-School would indicate that English was not reckoned as a language but only as a core subject. If English is reckoned as language, three Divisions would justify the post of HST English.

(3.) By Ext.P1 order, the 4th respondent reduced the number of Divisions from four to three in the academic year 2024-2025. Though there are three Divisions in High School, the respondents have not sanctioned a post of HST English. A Division Bench of this Court has held that the said provision is unambiguous in the creation of posts of HST English having three Divisions or more. However, in the case of the 5th respondent-School, the respondents have violated the directions of the Division Bench.