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Kerala High Court

Nithya R.R vs State Of Kerala on 5 January, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2026:KER:82

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947

                WP(C) NO. 29704 OF 2025

PETITIONER:

         NITHYA R.R
         AGED 45 YEARS
         D/O RAJENDRAN.R, UPSA,
         DEVASWOM BOARD HIGH SCHOOL,
         VAMANAPURAM, KARETTE, PULIMATH P.O.,
         THIRUVANANTHAPURAM, PIN - 695612


         BY ADVS.
         DR.GEORGE ABRAHAM
         SMT.MARY CATHERINE PRIYANKA P.S.
         SRI.ALEX TOM JOSEPH



RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION,
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM,
         PIN - 695014

    3    THE DISTRICT EDUCATIONAL OFFICER
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER
         ATTINGAL, THIRUVANANTHAPURAM,
         PIN - 695101
                                                  2026:KER:82
WP(C) No.29704 of 2025

                              2


    4     TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY ,
          DEVASWOM HEAD QUARTERS, NANDANCODE,
          THIRUVANANTHAPURAM, PIN - 695003

    5     MANAGER
          TRAVANCORE DEVASWOM BOARD SCHOOLS,
          NANTHANCODU, THIRUVANANTHAPURAM,
          PIN - 695003

    6     BHARATH PRASAD CHANDRAN. C.S
          UPSA, DEVASWOM BOARD HIGH SCHOOL,
          VAMANAPURAM, KARETTE, PULIMATH P.O.,
          THIRUVANANTHAPURAM, PIN - 695612

    7     SARANYA. S.S
          UPSA, DEVASWOM BOARD HIGH SCHOOL,
          VAMANAPURAM, KARETTE, PULIMATH P.O.,
          THIRUVANANTHAPURAM, PIN - 695612


          BY ADV.
          SRI.R.S.LAKSHMAN,STANDING COUNSEL
          SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                            2026:KER:82
WP(C) No.29704 of 2025

                                      3




                               JUDGMENT

Dated this the 5th day of January, 2026 The petitioner, who is working as UPSA in a School under the Travancore Devaswom Board, has filed this writ petition seeking the following reliefs:-

"i) To issue a writ of mandamus or any other appropriate writ, direction directing respondents 4 and 5 to shift the petitioner to a permanent vacancy and adjust the lien accordingly so that the petitioner will be permitted to draw salary on the scale of pay basis w.e.f. 27.07.2022 onwards;
ii) To issue a writ of mandamus or any other appropriate writ, direction directing the respondents to approve the appointment of the petitioner as UPSA for the period from 27.07.2022 to 27.09.2023 and from 15.07.2024 onwards;
iii) To issue a writ of mandamus or any other appropriate writ, direction directing the respondents to approve the appointment of the petitioner as H.S.A (Natural Science) on the scale of pay basis for the period from 27/9/2023 to 14/7/2024 on the scale of pay basis;
iv) To issue a writ of mandamus or any other appropriate writ, direction directing the 2nd respondent to consider Ext.P10 petition submitted by the petitioner."

2026:KER:82 WP(C) No.29704 of 2025 4

2. When this writ petition came for admission, this Court passed an interim order on 11.08.2025 to the following effect:-

"Admit.
2. The learned Government Pleader takes notice for the respondents 1 to 3. The learned Standing Counsel takes notice for the respondents 4 and 5. Issue urgent notice by speed post to respondents 6 and 7.
In view of the fact that, Ext.P10 representation is submitted by the petitioner seeking approval of appointment of the petitioner, I am of the view that, an interim order can be passed. Accordingly, it is ordered that, the 2nd respondent shall take up Ext.P10 and appropriate orders thereon shall be passed, after hearing the petitioner, the 5th respondent Manager and the other affected parties, if any. The same shall be considered within a period of two months from the date of receipt of a copy of this order."

3. When this writ petition came up for hearing today, counsel for the petitioner submitted that Ext.P10 representation was considered and orders were passed restoring the seniority of the petitioner.

2026:KER:82 WP(C) No.29704 of 2025 5

4. In view of the afore development, no further orders are necessary in this writ petition.

The writ petition is disposed of recording the submission made on behalf of the petitioner.

Sd/-

N.NAGARESH JUDGE hmh 2026:KER:82 WP(C) No.29704 of 2025 6 APPENDIX OF WP(C) NO. 29704 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 A COPY OF THE MEMO, ROC. NO.628/17/EDN DATED 20/9/2018 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A COPY OF THE RANK LIST DATED 9/5/2022 Exhibit P3 A COPY OF THE RANK LIST PUBLISHED BY THE 4TH RESPONDENT DATED 23/2/2023 Exhibit P4 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT Exhibit P5 A COPY OF THE PROCEEDINGS NO.B2/40108/2022 DATED 11/7/2024 ISSUED THE 3RD RESPONDENT Exhibit P6 A COPY OF THE PROCEEDINGS, ROC NO.

09/23/EDN DATED 26/9/2023 OF THE 4TH RESPONDENT Exhibit P7 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER Exhibit P8 A COPY OF THE PROCEEDINGS, ROC NO.31/25/EDN DATED 28/5/2025 OF THE MANAGER Exhibit P9 A COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 20/6/2025 Exhibit P10 A COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/6/2025