IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 28978 of 2008(Y) -------------------------- PETITIONER(S): --------------- M.R. MAJU, LOWER PRIMARY SCHOOL ASSISTANT, KMM LP SCHOOL, ATHIPOTTA, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.ASOK M.CHERIAN SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO ITS GOVERNMENT, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR. SHRI K. RAMESH, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF ORDER OF STAFF FIXATION FOR the YEAR 2008-09 ISSUED BY THE THIRD RESPONDENT DATED 29.7.2008 EXT.P2-TRUE COPY OF GO DATED 26.7.1999 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28978 of 2008-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2009. JUDGMENT The petitioner is working as an LPSA in KMM L.P. School, Athipotta in Palakkad District. He was appointed from 13.9.1990 and the appointment has been duly approved. 2. Presently, pursuant to the staff fixation order dated 29.7.2008 for the year 2007-2008 due to fall in strength of the students, he became surplus and was found eligible for protection also. But at the same time, it is recorded in Ext.P1 that he is to be deployed as and when order of deployment from Deputy Director of Education is obtained. The petitioner is relying upon para 2 of Ext.P2, i.e. GO.(P) No.175/99/G.Edn. dated 26.7.1999 wherein it is ordered 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 certain conditions. Therefore, according to the petitioner, he being in service on 14.7.1996, will be entitled for retention in the parent school itself. It is therefore contended that no redeployment is required as far as the petitioner is concerned. 2. In the counter affidavit filed on behalf of the first respondent, it is wpc 28978/08 2 averred in para 3 that Ext.P2 is only one among the orders passed by the Government allowing protection to aided school teachers who were appointed in regular service up to 1996-97, upto 14.7.1997. There are later orders issued by the Government, viz. G.O.(P) No.178/02/GE dated 28.6.2002, G.O.(P) No.403/02/GE dated 4.12.2002 and G.O.(P) No.167/08/GE dated 20.9.2008. It is averred that the petitioner is not eligible to be retained in the same school by applying any of the modified guidelines as prescribed in the Govt. Orders. 3. There is nothing to show that Ext.P2 Govt. Order has been superseded by the Govt. Orders dated 28.6.2002, 4.12.2002 or 20.9.2008 mentioned in the counter affidavit. Unless para 2 of Ext.P2 Govt. Order has been modified and the benefit allowable to the teachers coming within the said category is withdrawn, the petitioner is entitled for retention in the parent school itself. Merely because subsequent Govt. Orders are issued in relation to the matters which are not covered by Ext.P2 Govt. Order, the benefit cannot be denied to the petitioner. The counter affidavit does not reveal that Ext.P2 is no longer in force. There is no averment to the effect that para 2 of Ext.P2 has been varied by later Govt. Orders also. 4. Pursuant to the interim order passed by this court, the petitioner was retained in the same school for the year 2008-09. In that view of the wpc 28978/08 3 matter, the issue will be examined in the light of the strength of the students for the current year, i.e. 2009-2010. 5. The third respondent will therefore examine the matter in the light of the above observations and appropriate actions will be taken. It will be deemed that the petitioner has validly continued in the school in the light of the interim order, for the year 2008-09. His claim will be duly considered while finalising the staff fixation for the year 2009-2010. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/