IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 15767 of 2004(B) -------------------------------------- PETITIONER: ------------------- K.M.LINDAN, S/O. K.V.MICHAEL, AGED 33 YEARS, PHYSICAL EDUCATION TEACHER, SANTA CRUZ HIGH SCHOOL, OCHANTHURUTH, (RESIDING AT KODUVELIPARAMBIL, KOTHAD, CHITTUR, ERNAKULAM DISTRICT). BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. THE CORPORATE MANAGER, ARCH DIOCESE OF VERAPOLY, COCHIN-18. 6. THE HEADMASTER, SANTA CRUZ HIGH SCHOOL, OCHANTHURUTH. R1 TO R4 BY GOVERNMENT PLEADER SRI. K. SANAL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15767/2004-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 29/10/1998. EXT.P.2: COPY OF THE APPENDIX OF STAFF FIXATION ORDER DTD. NIL. EXT.P.3: COPY OF THE ORDER NO. C-2962/2003 OF THE R.5. DTD. 03/04/2003. EXT.P.4: COPY OF THE ORDER NO. B1-12827/02 OF THE R.4. DTD. 28/03/2003. EXT.P.5: COPY OF THE ORDER NO. B2-26024/02 OF THE R.3. DTD. 20/02/2003. EXT.P.6: COPY OF THE ORDER NO. D.DIS./R1 (2)/32229/03 OF THE R.2. DTD. 04/08/2003. EXT.P.7: COPY OF THE G.O.(RT).NO.73/04/G. EDN. OF THE GOVERNMENT DTD. 05/01/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.15767 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner was appointed as a Physical Education Teacher in one of the schools of the corporate educational agency of which the 5th respondent is the manager. From 29.10.1998 he had been working in Santa Cruz High School Ochanthuruth. While he was working so, by Ext.P5 order dated 20.02.2003 the Deputy Director of Education, Ernakulam abolished that post on the ground that, there are no sufficient periods for appointing a Physical Education Teacher. Based on Ext.P5, the District Educational Officer directed the 5th respondent to retrench the junior-most Physical Education teacher. The petitioner was retrenched pursuant thereto by Ext.P3 order dated 03.04.2003. The manager filed an appeal against Ext.P5 order of the Deputy Director of Education abolishing the post of Physical Education Teacher. By Ext.P6 order, the Joint Director of W.P.(C)No.15767 of 2004 -2- Public Instructions dismissed the appeal. The manager filed a revision before the Government which was also rejected by Ext.P7 order. The petitioner is challenging Exts.P5 & P6 & P7 orders in this writ petition. The contention of the petitioner is that the post has been abolished on the only reason that there were no sufficient periods for Physical Education Teacher so as to enable the manager to appoint a Physical Education Teacher, which reason is no longer valid in view of the decision of this court in Satheeshkumar v. State of Kerala [2009 (3) KLT 439]. 2. A counter affidavit has been filed by the 1st respondent supporting the impugned orders. 3. I have considered the rival contentions in detail. 4. In Satheeshkumar's case, a learned Judge of this court has held that, every High School is entitled to have one full time post each in the subjects of Drawing, Music and Physical Education, irrespective of the number of periods in the concerned subject and the proviso to that section cannot curtail the said provision in the main Section W.P.(C)No.15767 of 2004 -3- by introducing a restriction regarding number of periods necessary for appointing a Physical Education Teacher. In view of that decision, the impugned orders are not sustainable. Accordingly, the impugned orders are quashed and the petitioner shall be reinstated in service as Physical Education Teacher. He will be entitled to salary for the period he actually worked. But the entire period including the period during which he was kept out of service shall be counted as service for all other benefits except arrears of monetary benefits. The writ petition is allowed as above. S. SIRI JAGAN JUDGE shg/