IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25516 of 2010(L) -------------------------- PETITIONER(S): --------------- P.M.ANTONY, DRAWING TEACHER, ST.THOMAS HIGH SCHOOL, VECHOOCHIRA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.DOMINIC JOHNSON RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 2. THE MANAGER, CORPORATIVE MANAGEMENT AGENCY OF SCHOOL, VIJAYAPURAM DIOCESE, KOTTAYAM. 3. THE HEADMASTER, ST.THOMAS HIGH SCHOOL, VECHOOCHIRA, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI. DILIP MOHAN, R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 25516 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2010 J U D G M E N T The petitioner is presently working as a Drawing Teacher in St. Thomas High School, Vechoochira. He was appointed as a full time teacher with effect from 4.6.1984. The petitioner apprehends that there will be a reduction of post consequent to the staff fixation order for the academic year 2010-2011 and in which event it would entail his deployment. The petitioner submits that he is entitled to get same school protection. In the said circumstances, in the light of Exts.P1 and P2 Government Orders, with a request for same school protection in case of necessity for his deployment, he has submitted Ext.P3 representation. Normally, this Court would not entertain such a Writ Petition based on such an apprehension. However, it is submitted that apprehending such a situation the respondents have already discontinued with the payment of salary to him from 15.7.2010 onwards. The petitioner contends that there is no justification for withholding his salary in the light of Ext.P5 and that the respondents are bound to continue to pay the salary to the petitioner. It is a matter for consideration by the first WPC 25516/2010 2 respondent in the light of the staff fixation order. The contingency to deploy the petitioner would arise only in case a reduction of post pursuant to the staff fixation for the year 2010-2011. However, considering the fact that the petitioner is not being paid his salary from 15.7.2010 onwards, I am inclined to dispose of this Writ Petition as follows:- There will be a direction to the first respondent to consider Ext.P3 expeditiously in case of occurrence of a situation to deploy the petitioner in the light of Exts. P1, P2 and P5 and also to take immediate steps to redress the grievance of the petitioner with respect to the non- disbursement of his salary. C.T. RAVIKUMAR, JUDGE jma