IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 9490 of 2010(I) ------------------------- PETITIONER(S): --------------- MATHEWS P.PHILIP, AGED 44 YEARS, S/O.P.V.PHILIP, PHYSICAL EDUCATION TEACHER, GURUKULAM HIGH SCHOOL, EDAKKULAM, PATHANAMTHITTA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 3. THE ASSISTANT EDUCATIONAL OFFICER EDAPPAL, MALAPPURAM DISTRICT. 4. THE HEADMASTER MARTHOMA SYRIAN U.P.SCHOOL, NENNAMUKKU, EDAPPAL, MALAPPURAM DISTRICT. 5. THE HEADMISTRESS, GURUKULAM HIGH SCHOOL, EDAKKULAM PATHANAMTHITTA. 6. THE MANAGER, MARTHOMA & E.A.SCHOOLS, THIRUVALLA - 689101. BY MR.T.T.MUHAMMOOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ---------------------- WP(C) No. 9490 of 2010 ------------------------------------------- Dated this the 31st day of March 2010 J U D G M E N T The petitioner was appointed as a Physical Education Teacher in M.T.S U.P School, Nennamukku. In the year 2003-2004, the post of Physical Education Teacher was abolished in that School. The petitioner was retrenched from service to accommodate a senior hand who was thrown out from another school under the same Educational Agency. Subsequently, the petitioner was appointed in short term vacancies in various schools under the same Educational Agency. While the petitioner was working at M.T.H.S School, Valakam, against a permanant vacancy, again there was a reduction of post in one of the schools. Without considering whether the petitioner could have been retained by adopting 1:40 teacher-student ratio as permitted by Government Orders on the subject, the petitioner was retrenched from service. The petitioner approached this court by filing 2 WP(C) No.9490 of 2010 WP(C) No.21283/2005 and the Head Master allowed the petitioner to work in M.T.S.U.P School, Nennamukkuu from 1.9.2005. Subsequently, the Government by order dated 01.3.2006 sanctioned a post of Physical Education Teacher from 15.7.2005 in M.T.S.U.P School, Nennamukku, by adopting 1:40 Teacher - Student ratio. As per the Government order dated 24.3.2009, the post of Physical Education Teacher was restored for the period from 15.7.2005 to 29.11.2007 for the limited purpose for the continuance of the petitioner. The petitioner was also given vacation salary. By Ext.P5 the Government directed the DEO, Kottarakkara, and AEO, Edappal to implement the order. The petitioner's grievance in this writ petition is that Ext.P5 order is not being implemented. 2. The learned Government Pleader submits that, it is because of want of certain classifications, that the same could not be implemented. But he assures the Court 3 WP(C) No.9490 of 2010 that the same would be implemented expeditiously. 3. In the above circumstances this writ petition is disposed of with a direction to respondents 2 & 3 to see that Ext.P5 Government order is implemented as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. S.SIRI JAGAN JUDGE DMB