IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S. SIRI JAGAN. MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 15081 of 2006(U) --------- -------------------------- PETITIONER: ------------------ SAJINA.P.V., W/O.RAJEEVAN, RAMANI NIVAS, CHEKKIKULAM P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: --------------------- 1. THE MANAGER, RADHAKRISHNA A U P SCHOOL, MANIYOOR, KANNUR DISTRICT. 2. THE ASST.EDUCATIONAL OFFICER, THALIPARAMBA SOUTH, KANNUR DISTRICT. 3. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. R2 & R3 - BY GOVERNMENT PLEADER SRI. L.G. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 15081 of 2006(U) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2004-05 DATED 27.05.05. P2: TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT REJECTING THE CLAIM OF THE PETITIONER DATED 18.7.05. P3: TRUE COPY OF THE ORDER NO.9679/J2/99/G.EDN. DATED 24.3.99 ISSUED BY THE 3RD RESPONDENT. P4: TRUE COPY OF THE APPOINTMENT ORDER OF SMT. GINCY MATHEW DATED 24.4.01. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15081 OF 2006 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT The petitioner worked as an Assistant Teacher in the aided school managed by the 1st respondent for the period from 2.6.2003 to 31.3.2005. But, her appointment was approved and salary paid only up to 14.7.2004. The petitioner challenged that action, which ultimately resulted in Ext.P2 order of the Government, wherein the claim of the petitioner was rejected by the following order: “Inviting your attention to the reference cited, I am to inform you that the Assistant Educational Officer, Thaliparamba South has revised the staff fixation of the School for the year 2004-2005 by applying 1:40 ratio and Shri. P. Hareesh Kumar is retained in the School under protection. Your are appointed against the leave vacancy of T.K. Prasanthan w.e.f 15.7.2004 to 31.3.2005. As per the existing orders, the leave vacancies cannot be filled up where protected teachers are retained under protection by applying 1:40 ratio. In the above circumstances your representation mentioned above deserves no merit and the same is rejected.” The petitioner challenges Exts.P1 and P2 of which Ext.P1 is the W.P.(C)No.15081/06 2 original order passed by the A.E.O. The petitioner's contention is that by applying 1:40 ratio, the petitioner can also be retained by applying Ext.P3 Government Order on the subject. 2. Counter affidavits have been filed by the 2nd respondent, wherein the stand taken is that on accommodating Sri. P. Hareesh Kumar by applying 1:40 ratio there is no further vacancy available for accommodating another teacher that too a person who was appointed in a leave vacancy. 3. I have considered the rival contentions in detail. Even for applying Ext.P3 Government Order on the subject, the petitioner has to show that on applying 1:40 ratio there is a vacancy available for accommodating the petitioner. The petitioner has not been able to satisfy me that there is such a vacancy. In fact, a permanent teacher Sri. P. Hareesh Kumar himself is retained under protection by applying 1:40 ratio. If there was a vacancy to which the petitioner could have been adjusted then it was not necessary for retaining Sri. P. Hareesh Kumar under protection by applying 1:40 ratio. From the facts available in the case, it is abundantly clear that the regular teacher Sri. P. Hareesh Kumar is retained under protection by applying 1:40 ratio. That means there is no further vacancy to W.P.(C)No.15081/06 3 which the petitioner could have been accommodated for the period from 15.7.2004 to 31.3.2005. As such, I do not find any infirmity in the impugned orders and accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15081/06 4