IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 13971 of 2009(N) -------------------------------- PETITIONER: -------------- K.P. RAJAN, HIGH SCHOOL ASSISTANT(MAL) KUTTAMBOOR HIGH SCHOL, PUNNASSERY, DEPLOYED TO P.T.M HIGH SCHOOL, KODIYATHOOR, MUKKOM, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.V.RAJENDRAN. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), KOZHIKODE. 4. DISTRICT EDUCATIONAL OFFICER, THAMARASSERY. 5. THE MANAGER, KUTTAMBOOR HIGH SCHOOL, PUNNASSERY, PUNNASSERY, KOZHIKODE DISTRICT. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.13971/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CERTIFICATE DTD. 25.11.05 ISSUED BY KERALA STATE BHARAT SCOUTS AND GUIDES. EXT. P2 : COPY OF ORDER DTD. 18.10.06 OF R3. EXT. P3 : COPY OF ORDER DTD. 20.05.07 OF R3. EXT. P4 : COPY OF ORDER DTD. 20.11.07 OF R2. EXT. P5 : COPY OF REQUEST FILED BY PETITIONER BEFORE R1 DTD. 7.12.07. EXT. P6 : COPY OF ORDER DTD. 13.02.09 ISSUED BY R1. EXT. P7 : COPY OF REPRESENTATION OF PETITIONER TO HEADMISTRESS KUTTAMBOOR HIGH SCHOOL. EXT. P8 : COPY OF LETTER DTD. 24.05.07 OF HEADMISTRESS KUTTAMBOOR HIGH SCHOOL. EXT. P9 : COPY OF REPRESENTATION DTD. 15.11.07 OF PRESIDENT OF P.T.A. OF KUTTAMBOOR HIGH SCHOOL. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13971 OF 2009 --------------------------------------- Dated this the 25th day of August, 2011. J U D G M E N T The petitioner's claim for retention in the parent school stands declined by Ext.P6 communication issued by the Government which is under challenge in this writ petition. 2. The petitioner is a High School Assistant (Malayalam) who was appointed from 01.08.1991 in the school. His claim for retention is based on the fact that he was also functioning as Scout Master in the school since June 2006. Ext.P1 is the certificate dated 25.11.2005 showing that the petitioner has successfully undergone the Basic Course for Scout Masters conducted at R.T.C., Naduvathur from 16.11.2005 to 25.11.2005. But in the academic year 2006-07, due to division fall, certain teachers became surplus including the petitioner. The petitioner was seeking retention based on G.O.(P) No.403/2002/G.Edn dated 04.12.2002. W.P.(C) No.13971/2009 2 3. It is the case of the petitioner that without considering his claim, by Ext.P2 order the 3rd respondent deployed the petitioner to another aided school. This was challenged by the petitioner in appeal which was rejected by Ext.P3 stating that another teacher has been retained under the provisions of the very same Government Order. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner submitted that the view taken in Ext.P6 order by the Government that only one person can be retained as per the provisions of G.O.(P) No.403/2002/G.Edn dated 04.12.2002 is not correct. The teacher who was retained namely, Smt.Bindu S.Krishna is a High School Assistant (Natural Science). She is junior to the petitioner. It is pointed out that the warrant certificate issued as far as the said teacher is concerned by the State Commissioner, Scout and Guides enables her to give training to the students in Guides alone and she is not a Scouts Master and she has not undergone training for the same. W.P.(C) No.13971/2009 3 5. It is pointed out that the other reason shown in Ext.P6 that one Sri.Abdu Rahman is the senior teacher will not stand in the way of considering the claim of the petitioner under the relevant Government Order. It is submitted by the learned counsel for the petitioner that the said teacher Sri.Abdu Rahman has also been deployed. 6. The stand taken in the counter affidavit filed by the 1st respondent is that Smt.Bindu S. Krishna was issued warrant certificate by the State Commissioner, Scouts and Guides on 25.01.2005 and it was produced in time. The petitioner had not produced the certificate at the relevant time. Apart from that, it is pointed out that after the deployment of the petitioner to another school, both the Scouts and Guides unit in the school are functioning smoothly under Smt.Bindu S.Krishna. 7. Learned counsel for the petitioner submitted that what is relevant for consideration is clause (vi) of paragraph 2 of G.O.(P) No.403/2002/G.Edn dated 04.12.2002 which reads as follows: “Close relatives of Jawans, teachers having 25 years of service, handicapped persons with 40% W.P.(C) No.13971/2009 4 permanent disability and Teachers holding the charge of NCC/Scouts and guides in the Schools shall be permitted to continue in the same schools under protection”. 8. Therefore, what is evident from the above clause is that teachers who is having the charge of Scouts and Guides will be permitted to continue in the same school under protection. The approach made by the 1st respondent going by the averments in the counter affidavit as well as in Ext.P6 order is that the retention of Smt.Bindu S.Krishna is for the purpose of imparting training in Scouts and Guides. Evidently, these two are different and the petitioner is having training in Scouts and Smt.Bindu S.Krishna is having training in Guides only. This aspect has not been considered in Ext.P6. 9. Learned counsel for the petitioner submitted that Ext.P1 certificate was available and was produced before deployment and the warrant could not be produced at the relevant time because some delay occurred in issuing the warrant. It is therefore submitted that the same cannot be taken for not considering the claim of the petitioner in accordance with the W.P.(C) No.13971/2009 5 Government Order (G.O.(P)No.403/2002/G.Edn). I find force in the said submission. In that view of the matter, Ext.P6 will stand quashed. There will be a direction to the Government to reconsider the matter in the light of the findings rendered above and the eligibility of the petitioner under the relevant Government Order being a Scouts Master will be considered and appropriate orders will be passed within a period of three months from the date of receipt of a copy of this judgment. Smt.Bindu S.Krishna, H.S.A (Natural Science) also will be heard in the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp