A writ petition alleging wrongful rejection of protection under Kerala Educational Regulations after post abolition. The court declined to consider merits as the petitioner was retained via a 1:40 ratio.
None; writ petition disposed without further orders, liberty reserved for future claims.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 35764 of 2010 (U)
PETITIONER(S):
JIJO JOSEPH, HSA (MATHS), T.T.V.H.S.S., KAVUMKARA, MUVATTUPUZHA.
BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN
RESPONDENT(S):
1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, PIN-680 030.
3. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686 661.
4. THE MANAGER,
5. THE PRINCIPAL,
T.T.V.H.S.S, KAVUMKARA, MUVATTUPUZHA, PIN-686 661.
R1, R2 & R3 BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 35764 of 2010 (U)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE APPOINTMENT ORDER DATED 6.7.2009. |
|---|---|
| EXT.P2: | COPY OF THE STAFF FIXATION ORDER DATED 6.7.2009. |
| EXT.P3: | COPY OF THE STAFF FIXATION ORDER DATED 16.6.2010. |
| EXT.P4: | COPY OF THE INFORMATION DATED 17.9.2010 OBTAINED UNDER RIGHT TO INFORMATION ACT. |
| EXT.P5: | COPY OF THE LETTER DATED 27.9.2010. |
| EXT.P6: | COPY OF THE G.O(P) NO.103/2000/G.EDN. DATED 27.3.2000. |
| EXT.P7: | COPY OF THE G.O.(P).NO.240/99/G.EDN. DATED 29.9.1999. |
| EXT.P8: | COPY OF THE JUDGMENT IN O.P.NO.25739/2010. |
| EXT.P9: | COPY OF THE ORDER DATED 24.10.2000 PASSED BY THE DEPUTY DIRECTOR. |
| EXT.P10: | COPY OF THE REPRESENTATION DATED 19.8.2010 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER. |
| EXT.P11: | COPY OF THE REPRESENTATION DATED 19.8.2010. |
| EXT.P12: | COPY OF THE G.O.(P) NO.191/10/G.EDN. DATED 22.9.2010. |
| EXT.P13: | COPY OF THE RELEVANT EXTRACT OF THE STAFF LIST. |
| EXT.P14: | COPY OF THE ORDER DATED 30.10.2010. |
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
DEVAN RAMACHANDRAN, J.
W.P.C.No.35764 of 2010
Dated this the 17th day of December, 2016
J U D G M E N T
The petitioner is working as HSA Maths in the service of T.T.V.H.S.S, Muvattupuzha. Her service was approved as per Ext.P1 with effect from 06.06.1997. The controversy arose because in the year 2010-2011 there was a division fall in the school and the post to which the petitioner was appointed had been abolished. The petitioner, therefore, applied for protection under the relevant provisions of the KER. That was however rejected as per Ext.P14. The petitioner impugns Ext.P14 on the ground that it has been issued without properly adverting to the provisions of the KER and the Government Order dated 29.09.1999, a copy of which is appended as Ext.P7 in the writ petition. I am not sure if the issue that has been raised by the petitioner in this writ petition requirs to be considered on merits at this point of time because, in the counter affidavit that has been filed on behalf of the respondents, it is stated in paragraph No.6 as under:
W.P.C.No.35764/2010
2
“As per G.O.(P) No.191/10.G.Edn dated 22.09.2010, Government have extended the benefit of 1:40 teacher-student ratio for the academic year 20102011 also in the Schools affected by the specified problem of division fall, for the limited purpose of accommodating the teachers rendered surplus subject to the condition that no post will be created on this account. Accordingly the Staff Fixation Order 2010-11 in respect of TTBHS, Muvattupuzha has been revised as per this office Order No.B4/6402/10/K.Dis dated 21.12.2010 and the petitioner was retained by applying 1:40 teacherstudent ratio during 2010-11. Consequently the salary of the petitioner from 8/10 to till date was disbursed on 7.01.2011.”
W.P.C.No.35764/2010
3
writ petition is thus ordered reserving such liberty to the petitioner.
In the facts and circumstances of this case, I order no costs
and the parties are directed to suffer the respective costs.
Sd/-
DEVAN RAMACHANDRAN JUDGE
TRUE COPY
P.A TO JUDGE
DG
1 issue framed by the court
Whether the petitioner required to be considered on merits regarding retention under KER provisions after post abolition.
Jijo Joseph
State of Kerala
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
