STATE OF KERALA Vs. K.V.SREEJITH

JUDGEMENT

(1.) These Writ appeals are filed by the State challenging judgments of Single Judges allowing a number of Writ Petitions filed by Higher Secondary School Teachers. As per the judgments appealed against, the teachers have been directed to be approved as Higher Secondary School Teachers from the beginning of the academic year 2011-12 onwards. Since common questions arise for consideration in all the appeals, they have been heard together and are disposed of by this common judgment.

(2.) As per a Government order dated 20.07.2010, sanction was accorded to start 178 new Higher Secondary Schools in aided and Government sectors in Thrissur District and six districts of Malabar area from the academic year 2010-11 onwards. As per the said Government Order, with the object of commencing classes during 2010-11 academic year itself, sanction was granted for engaging guest lecturers in the newly sanctioned Higher Secondary Schools till regular teaching posts were created. Subsequently, as per a separate Government order dated 24.10.2011, sanction was accorded to create posts of Principals and teachers in 146 aided Higher Secondary Schools with effect from 06.08.2011 (i.e. from the academic year 2010-11) onwards. For the subsequent year, though the posts were required to be upgraded, no orders were issued. Finally, by a Government Order dated 23.02.2013, creation and up-gradation of the posts as HSST was ordered but with the rider that the sanction would have only prospective effect. Consequently, the Higher Secondary School teachers who had been working from the year 2010-11 onwards were granted up-gradation only from 23.02.2013 onwards. It was challenging the said condition in exhibit P3 that the Writ Petitions were filed before this Court. According to the petitioners, up-gradation of the posts should have been with retrospective effect coinciding with the date on which they had qualified to be upgraded in terms of Rule 1(d) of Chapter XXXII of the Kerala Education Rules, 1959 (KER for short). Therefore, it was contended that limiting the up-gradation to the period from 2013 onwards was unjust and liable to be set aside.

(3.) The Writ Petition was contested by the State, by filing a counter affidavit. According to the counter affidavit, the decision on the question as to whether up-gradation should be granted or not was within the realm of the policy of the Government. The teachers had no right to insist on up-gradation of the posts to which they had been appointed from any particular date, as sought for by them. It was also pointed out that, since up-gradation of the posts involved, financial commitments for the Government, no writ could be issued compelling the Government to grant up-gradation from a particular date.