IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 19 of 2001(B) -------------------- PETITIONER: ------------ THE CORPORATE MANAGER, SREE VITOBA HIGH SCHOOL, KAYAMKULAM, MAVELIKKARA EDUCATION DISTRICT, ALAPPUZHA DISTRICT. BY ADV. SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATIN DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM. 2. JOINT DIRECTOR OF PUBLIC INSTITUTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT. 4. DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT. BY SENIOR GOVERNMENT PLEADER, SMT.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.19/2001/B ORDER ON CMP NO.19/2001 IN OP NO.19 OF 2001 DISMISSED SD/- 18.1.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE STAFF FIXATIN ORDER OF THE 4TH RESPONDENT DATED 28.7.96. EXT. P2: COPY OF THE STAFF FIXATION ORDER OF OTHE 4TH RESPONDENT DATED 30.9.99. EXT. P3: COPY OF THE ORDER DATED 18.5.2000 PASSED BY THE 2ND RESPONDENT. EXT. P4: COPY OF THE ORDER OF 1ST RESPONDENT DATED 9.11.2000. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 19 of 2001(B) ======================= Dated this the 18th day of January, 2008 JUDGMENT The petitioner is the manager of an an aided school namely SVHS, Kayamkulam. By Ext. P1 order, the DEO fixed the staff strength of the School for the year 1996-97, as per which there were 3 science teachers, 3 mathematics teachers and 4 social science teachers. In view of the fact that as per the Government Order G.O.(MS)177/88/G.Edn. dated 7.12.88, a new post was sanctioned as HSA (English), one of the social science teachers was accommodated as a HSA (English). This position continued for the years 1997-98 and 1998-99. However, for the year 1999-2000, Ext.P2 staff fixation order was passed whereby the additional post was adjusted as a 4th science teacher. The petitioner challenges Ext.P2 order to the extent the 10th post is now adjusted as a science hand. According to the petitioner, as per Ext.P1 order, the 4th social science teacher has already been accepted as HSA (English) in accordance with the Government O.P. No. 19/2001/B -2- Order and that teacher is continuing as an HSA (English) which is the 10th post available. That cannot now be readjusted against a science vacancy so as to oust the HSA(English) teacher accepted as per Ext.P1 which teacher is still continuing in this school. The contention of the Government Pleader is that whenever an additional vacancy arises and the subject ratio is already 1:1 the additional vacancy shall first adjusted the science teacher then the next vacancy against mathematics teacher and the third vacancy against the social science teacher. According to him, since in this case there is only one vacancy which has been adjusted against a science hand. 2. I have considered the rival contentions in detail. Admittedly, by Ext.P1 Government staff fixation order, the 10th post has been accepted as a HSA (English) hand in accordance with the Government Order referred to above. That teacher is still in service as an English teacher. Therefore, there cannot be any change in the subject ratio for core subjects because there are 3 teachers in each of the 3 core subjects. When that English Teacher is still in service that post cannot now be converted as a science hand especially when there should be an HSA (English). O.P. No. 19/2001/B -3- Therefore, Ext.P2 staff fixation order is erroneous in so far as the 10th post is adjusted as a science hand. Accordingly, Ext.P2 to that extent is quashed and the position as existing in Ext.P1 shall be allowed to continue until the situation changes legally. Consequently Exts. P3 and P4 are also quashed. The 4th respondent is directed to pass orders in the matter accordingly and disburse service benefits to the former HSA (Social Science) teacher who is working as HSA (English) within a period of two months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. S.SIRI JAGAN, JUDGE jp