Kerala High Court
Jasmin K vs State Of Kerala on 20 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:15787
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 45439 OF 2025
PETITIONER:
JASMIN K
AGED 40 YEARS
R/O CHEEROLIL PO, THANAKKOTTUR,
PARAKKADAVU, CHEKKIAD,
KOZHIKODE, KERALA, PIN - 673509
BY ADVS.
SRI.MAAROOF
SMT.NAFIYA SHAHALA C.K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 GENERAL EDUCATION DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 69500
3 PRINCIPAL SECRETARY
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
2026:KER:15787
WP(C) No.45439 of 2025
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5 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, KOZHIKODE, PIN - 673004
6 THE MANAGER
SI HSS, UMMATHUR PURAMERI, KOYILANDY,
KOZHIKODE, KERALA, PIN - 673509
SMT. SONY K.B.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.45439 of 2025
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JUDGMENT
Dated this the 20th day of February, 2026 The petitioner is presently working as Higher Secondary School Teacher (Junior) (Commerce) in the 6 th respondent's School. The petitioner is aggrieved by Ext.P4 order dated 15.07.2013 issued by the General Education Department, Government of Kerala, whereby her appointment was approved only with effect from 12.08.2013, instead of from the original date of her appointment. The petitioner's permanent appointment approval order dated 07.08.2014, granting approval only with prospective effect on the basis of Ext.P4, is illegal and arbitrary, contends the petitioner.
2. The 2nd respondent as per Ext.P2 order dated 03.08.2011 approved the sanction of new Commerce Batch to the 6th respondent's School from the academic year 2011- 2026:KER:15787 WP(C) No.45439 of 2025 4 2012 and 2012-2013. Subsequently, the petitioner was appointed to the newly created additional Commerce Batch on 01.03.2012. The petitioner was appointed against the newly sanctioned additional Batch of the 6th respondent's School by the 2nd respondent through order dated 03.08.2011. Therefore, the post to which the petitioner was appointed is permanent post and hence the petitioner is entitled for approval with effect from the date of their initial appointment.
3. Rule 12B of Chapter XXIII of the Kerala Education Rules, 1959 provides that if any additional posts are sanctioned against which appointments are made in anticipation of sanction of such post or posts, according to rules, such post or posts shall be deemed to have been created from the date of appointments. Therefore, the petitioner was appointed to permanent post and hence the petitioner is entitled to get her appointment approved with effect from her actual date of appointment.
2026:KER:15787 WP(C) No.45439 of 2025 5
4. The 2nd respondent through its order dated 15.07.2013, clearly stated that the posts and additional batches were sanctioned in the academic year 2011-2012 itself. Therefore, giving prospective effects to the appointments made against the sanctioned post is highly illegal, contends the petitioner.
5. This Court in W.P.(C) No.19141 of 2013 has considered the claim of similarly situated Teachers for approval with effect from the date of appointments / the date of commencement of classes on sanctioning of the additional batches. In the case of the petitioners therein also that the additional batch was sanctioned as per order dated 03.08.2011 and there were sufficient number of posts for their appointment as on the date of their initial appointment. Therefore, this Hon'ble Court in the aforementioned judgment held that persons like the petitioner herein appointed as Higher Secondary School Teachers are entitled to approval 2026:KER:15787 WP(C) No.45439 of 2025 6 with effect from the initial date of their appointment notwithstanding the date from which the post was sanctioned.
6. The said judgment was upheld by this Court in W.A No.960 of 2016 and the Hon'ble Supreme Court in Special Leave Petition (C) No.18120 of 2019 as per order dated 30.04.2024. Hence, the petitioner is also entitled to similar reliefs.
7. If the appointment of the petitioner is approved with effect from the date of her initial appointment, which is well before the introduction of National Pension System from 01.04.2013, the petitioner is entitled to be enrolled under the Statutory Pension Scheme.
8. Hence, the petitioner approached this Court seeking to direct the 4th respondent to issue revised orders approving the appointment of the petitioner with effect from the date of her initial appointment, i.e., 01.03.2013. The petitioner has also sought a further direction to the 4 th 2026:KER:15787 WP(C) No.45439 of 2025 7 respondent to enroll the petitioner under Statutory Pension Scheme and the amount already remitted from the petitioner towards the Contributory Pension Scheme are refunded as expeditiously as possible.
9. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5.
10. I have gone through the judgment in W.P.(C) No.13664/2018 and connected cases. The learned Judge, in the batch of writ petitions, has considered various Government Orders and has come to a conclusion that the appointment will have to be approved with effect from anterior dates and those appointments cannot be made prospective alone. The Government preferred SLP against the said order and the Hon'ble Apex Court has dismissed as per SLP No.18120 of 2019. In view of the above, the respondents are liable to review the impugned orders.
2026:KER:15787 WP(C) No.45439 of 2025 8 In the facts of the case, the writ petition is disposed of setting aside the impugned orders and directing the 1 st respondent to reconsider the claim of the petitioner for anterior dates of appointment as HSST (Junior) and her claim for consequential benefits, adverting to the judgments in W.P.(C) Nos.13664/2018 and 21365/2025 and SLP No.18120/2019. Orders shall be passed within a period of three months.
Sd/-
N.NAGARESH JUDGE hmh 2026:KER:15787 WP(C) No.45439 of 2025 9 APPENDIX OF WP(C) NO. 45439 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE GO(MS)NO.398/2002/G.EDN DATED 29.11.2002 Exhibit P2 A TRUE COPY OF THE ORDER NO.
G.O(MS)NO.167/11/G.EDN DATED 03.08.2011 WITH RELEVANT PORTION OF LIST OF SCHOOL Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.03.2013 APPOINTING THE PETITIONER AS HSST (JR) IN COMMERCE Exhibit P4 A TRUE COPY OF THE ORDER NO.
G.O(MS)211/2013/G.EDN. DATED 15.07.2013 ALONG WITH RELEVANT PORTION OF LIST OF SCHOOLS Exhibit P5 A TRUE COPY OF THE ORDER NO.
A1/11428/2013/KDIS DATED 07.08.2014 APPROVING THE APPOINTMENT OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE APPEAL DATED NIL SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P (C) NO.19141 OF 2013 TITLED AS ASWATHY R & ORS V. STATE OF KERALA & ORS DATED 18.12.2015 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 28.02.2019 IN W.A NO.960 OF 2016 Exhibit P9 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP (C) NO.
18120 OF 2019 DATED 30.04.2024 Exhibit P10 A TRUE COPY OF THE JUDGEMENT IN MOHAMMED NAVAS E AND ORS V. STATE OF KERALA AND ORS, WP(C) NO. 30242 OF 2024 DATED 18.11.2025