IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 OP.No. 5274 of 2003(C) ---------------------- PETITIONER: ------------ T.T.SUBAIDA, W/O. ABDU RAHIMAN, AGED 34 YEARS, BOMBAY HOUE, KAMBLAKKALLU POST, (VIA) NILAMBUR, JUNIOR ARABIC TEACHER S.V.HIGHER SECONDARY SCHOOL, PALEMAD. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY IN GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. THE MANAGER, S.V.HIGHER SECONDARY SCHOOL, PALEMAD, MALAPPURAM - 679 331. BY ADV. SRI.M.S.RADHAKRISHNAN NAIR SRI.K.BALACHANDRAN (PN) SRI.A.K.SANTHOSH GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/02/2008 , ALONG WITH OP NO. 6360 OF 2003 & WPC NO. 16199 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P.Nos. 5274 & 6360 of 2003 & W. P (C) No. 16199 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th February, 2008. J U D G M E N T The petitioner in O.P.No. 6360/2003 is the manager of an aided Higher Secondary School. The 4th respondent was an Arabic Teacher working in the school from 1992-93. On account of the reduction of post on staff fixation, she had to be retrenched from service. She challenged such retrenchment and ultimately by Ext. P2 order, the Government held that the 4th respondent should be retained as a protected teacher in the school. It was also directed that the period during which the 4th respondent was kept out of service will be treated as eligible leave or leave without allowances. In implementation of Ext. P2, the D.E.O, Malappuram issued Ext. P1 order directing the manager to admit the 4th respondent as a protected teacher and to absorb her as and when a vacancy arises in that school or any other schools under the management. The petitioner has filed this original petition aggrieved by the above orders. 2. I do not think that the above orders affect the petitioner in any way. What has been directed is only to retain the 4th respondent as a protected teacher and to absorb the 4th respondent as and when a vacancy arises. The salary of the teacher is paid by the Government and no liability has been cast upon the petitioner in respect of the same. Therefore, I am of opinion that the petitioner cannot be aggrieved by the abovesaid orders and as such, it is unnecessary to consider this original petition. Accordingly, the same is closed. O.P.No. 6360/2003 etc. -: 2 :- In view of the decision in O.P.No. 6360/2003, admittedly, O.P.No.6360 of 2003 and W. P (C) No. 16199 of 2004 do not survive. Accordingly, they are also closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.