The Court examined the petitioner's claim for protection under the 1:40 ratio rule after termination. It held that the manager cannot allow continuation after termination and the cited Government Order does not protect teachers in leave vacancies. The petition was dismissed.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF MARCH 2016/ 3RD CHAITHRA, 1938
WP(C).No. 6689 of 2006 (U)
PETITIONER(S):
FRANCIS JOSE CHANGAMKERY,
L.P.S.A., ST. FRANCIS L.P.S., PUTHIYAKAVU,, TRIPUNITHURA.
BY ADVS.SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.ARUL KUMAR.P
RESPONDENT(S):
1. THE DEPUTY DIRECTOR (EDUCATION), KAKKANAD, ERNAKULAM.
2. THE ASSISTANT EDUCATIONAL OFFICER, TRIPUNITHURA.
3. THE MANAGER, ST. FRANCIS L.P.S., PUTHIYAKAVU, TRIPUNITHURA P.O.
R,R1 BY ADV. GOVERNMENT PLEADER SRI S JAMAL R,R3 BY ADV. SRI.VARGHESE.J.PUNNACHALIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO. 6689/2006
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1; TRUE COPY OF THE APPOINTMENT ORDER WITH ENDORSEMENT OF 3RD RESPONDENT
EXT.P2: TRYE COPY OF THE GOVERNMENT CIRCULAR NO. 9679/J2/99/G.EDN.
EXT.P3: TRUE COPYO F THE STAFF FIXATION ORDER ISSUED BY 2ND RESPONDENT
EXT.P4: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
EXT.P5: TRUE COPY OF the ORDER OF THE 2ND RESPONDENT
EXT.P6: TRUE COPY OF THE GO (P) NO. 318/2005/G.EDN
EXT.P7: TRUE COPY OF THE ORDER OF 3RD RESPONDENT
EXT.P9: TRUE COPY OF the APPEAL/REPRESENTATION FILED BY THE PETITIONER
EXT.P10: TRUE COPYOF THE ORDER NO. B2 23857/05 TA/TE OF THE 1ST RESPONDENT.
EXT.P11: TRUE COPY of the STATEMENT/REPORT OF HEADMISTRESS OF ST. FRANCIS LPS PUTHIYAKAVU, TRIPUNITHURA
EXT.P12: TRUE COPY OF the STATEMENT / REPORT OF CORPORATE MANAGER OF ST. FRANCIS LPS PUTHIYAKAVU TRIPUNITHURA
RESPONDENTS EXHIBITS:
EXT.R1(a): TRUE COPY of the STAFF FIXATION ORDER OF THE 3RD RESPONDENT'S SCHOOL FOR THE YEAR 2005-06
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN, J
Dated this the 23rd day of March, 2016
J U D G M E N T
The petitioner is said to have been appointed in a
leave vacancy from 17.12.2002. The leave vacancy extended till 28.02.2006 and the same was approved as is seen from Ext.P1. In
the year 2005-06, on reduction of one post of LPSA, the Manager terminated the service of the petitioner. The petitioner claims protection under 1:40 ratio based on G.O(P) No. 318/05/G.Edn. Dated 17.08.2005.
of the G.O, the petitioner was again appointed with retrospective effect. At the outset, such a contention cannot be countenanced
since on termination, the Manager cannot allow the petitioner to continue in the school. If at all, only a fresh appointment could
have been granted, if the petitioner was entitled to protection
WPC.No.6689/2006
: Page numbers :
under the 1:40 ratio.
Further going by G.O No.318/05, it cannot be said that the
teacher continuing in the leave vacancy is entitled to such protection. The petitioners reliance is on Ext.P2 which is a circular issued in the year 1999 following a similar Government Order granting protection under 1:40 ratio. There is no such stipulation
in G.O (P) No. 318/2005 and the claim of the petitioner cannot be countenanced.
Writ petition would stand dismissed. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
3 issues framed by the court
Whether a teacher terminated in 2005 is entitled to appointment protection under the 1:40 ratio rule for leave vacancies.
Whether the Government Order (P) No. 318/2005 grants protection to teachers continuing in leave vacancies.
Whether retrospective appointment is permissible after termination without fresh appointment.
2 provisions across 2 enactments
Francis Jose Changamkery
Deputy Director (Education)
Assistant Educational Officer
Manager, St. Francis L.P.S.
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
