IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 30161 of 2007(N) --------------------------------------- PETITIONER(S): ------------------------ 1. R.MURALEEDHARAN, LPSA, KEMA L.P.SCHOOL, KAZHANI, KAVASSERY P.O., PALAKKAD DISTRICT. 2. C.MURALI, LPSA, ALP SCHOOL, PUDIYANKAM, P.O.PUDIYANKAM, PALAKKAD DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SMT.PRIYA VIJAYAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT. B GOVT. PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30161/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GO(P) NO.175/99/G.EDN. DTD. 26.7.1999 ISSUED BY GOVT. OF KERALA, GENERAL EDUCATION (J) DEPARTMENT. P2:- COPY OF THE ORDER NO.21600/B3/2003 DTD. 16.8.2003 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE JUDGMENT DTD. 26.10.2006 IN WP(C) 29153/2003 PASSED BY THIS HONOURABLE COURT. P4:- COPY OF THE ORDER NO.B3/20565/06 DTD. 1.10.2007 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE STAFF FIXATION ORDER NO.C/2330/07 DTD. 23.7.07 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF IST PETITIONER'S SCHOOL. P6:- COPY OF THE STAFF FIXATIN RODER NO.C.2010/07 DT. 14.7.07 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 2ND PETITIONER'S SCHOOL. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.30161 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2011 J U D G M E N T The petitioners are teachers of an aided school. According to them, on reduction in student strength, they are eligible for protection as per Ext.P1 Government order dated 26.07.1999. Despite the right for protection, the petitioners were sought to be deployed to other schools. The petitioners filed W.P.(C) No.29153/2003 and obtained interim orders. Ultimately that writ petition was disposed of by Ext.P3 judgment, which reads as follows: “In view of the decision of this Court in Praveen v. State of Kerala [2004 (3) KLT 68] regarding 1:40 ratio, this writ petition is disposed of directing the 2nd respondent to consider the matter afresh and pass appropriate orders thereon in the light of the above decision. It is submitted that the petitioners have not been deployed so far. Hence they need not be deployed till orders are passed as above by the Deputy Director.” However, according to the petitioners, without reference to the judgment in Praveen's case referred in the said judgment, by Ext.P4 order, petitioners were again deployed. The petitioners seek the following relief: W.P.(C)No.30161 of 2007 -2- “a) quash Ext.P4 order by the issue of a writ certiorari or other appropriate writ, order or direction so far as it relates to the petitioners.” 2. At the time of admission, this Court granted an interim order of stay of the deployment of the petitioners. 3. No counter affidavit has been filed in this case by the respondents. 4. The learned Government Pleader submits that, the 1st petitioner has already availed of leave without allowances for taking employment abroad. 5. I have considered the rival contentions in detail. 6. In Ext.P1, the Government has ordered thus: “2. Government have further examined the matter in detail and are pleased to order that all aided school teachers who were in service as on 14.7.1996 will be given protection by retaining them in the respective schools subject to the following conditions: i)) The teachers to whom this benefit of protection is granted will be absorbed in the future vacancies arising under the respective management. ii) No substitute will be posted in the case of retirement, resignation, death, leave or voluntary relinquishment etc. of the incumbent, if retained by way of protection. iii) Protection will not be granted to teachers appointed during 1997-98 and thereafter.” It is not disputed before me that the petitioners entered W.P.(C)No.30161 of 2007 -3- service prior to 14.07.1996. Therefore, they are clearly entitled to protection as per Ext.P1 order. In the above circumstances, this writ petition is disposed of with a direction that the petitioners, if they are now in service (meaning thereby that if they are not on leave as stated by the learned Government Pleader) they shall be deployed only in accordance with Ext.P1 order and the judgment in Praveen's case. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/