IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 27000 of 2009(T) -------------------------------- PETITIONERS: ---------------- 1. P.A. SAJAN,H.S.A (SS), RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. 2. DEEPA MOL K.V., H.S.A. ( MATHS), RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL KILIMANOOR - 695 601. 3. GEETHA M.S. H.S.A. (SS), RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. BY MR.M.S.UNNIKRISHNAN, ADVOCATE. MS.S.KARTHIKA, ADVOCATE. MR.M.R.ANISON, ADVOCATE. MS.K.P.GEETHA MANI, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 3. THE MANAGER, RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL, KILIMANOOR- 695 601. 4. SMITHA S.N, H.S.A. (ENGLISH), RAJA RAVI VARMA BOYS VOCATIONAL HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. WP(C).No. 27000/2009 ...2... 5. RAKHI RADHAKRISHNAN, H.S.A (ENGLISH), RAJA RAVI VARMA BOYS VOCATIONAL HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. 6. POORNIMA M.R., H.S.A (ENGLISH), RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. 7. HEERA. S, H.S.A. (ENGLISH), RAJA RAVI VARMA BOYS VOCATIONAL HIGHER SECONDARY SCHOOL, KILIMANOOR - 695 601. BY MR.S.P.ARAVINDAKSHAN PILLAY, ADVOCATE, FOR R6 & R7 MR.LIJI.J.VADAKEDOM, ADVOCATE, FOR R5. MR.D.KISHORE, ADVOCATE, FOR R5. MS.N.SANTHA, ADVOCATE, FOR R6 & R7. MR.S.A.ANAND, ADVOCATE, FOR R6 & R7. MR.PETER JOSE CHRISTO, ADVOCATE, FOR R6 & R7. MR.LIJI.J.VADAKEDOM, ADVOCATE, FOR R4. MS.T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27000/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF 1ST PETITIONER. EXT. P2 : COPY OF APPOINTMENT ORDER OF 2ND PETITIONER. EXT. P3 : COPY OF APPOINTMENT ORDER OF 3RD PETITIONER. EXT. P4 : COPY OF APPOINTMENT ORDER OF 3RD PETITIONER. EXT. P5 : COPY OF STAFF FIXATION ORDER OF R.R.V.G.H.S., KILIMANOOR FOR THE ACADEMIC YEAR 2008-2009. EXT. P6 : COPY OF REVISED STAFF FIXATION ORDER OF R.R.V.G.H.S, KILIMANOOR FOR THE ACADEMIC YEAR 2008-2009. EXT. P7 : COPY OF G.O.(MS) No.11/02/GEN.EDN. DTD. 7.1.02. EXT. P8 : COPY OF ORDER No.75911/A3/2008/G.EDN. DTD.28.1.09. EXT. P9 : COPY OF STAFF FIXATION ORDER OF R.R.V.G.H.S, KILIMANOOR FOR THE YEAR 2009-2010. EXT. P10 : COPY OF STAFF FIXATION ORDER OF R.R.V.B.V.H.S., KILIMANOOR FOR THE YEAR 2009-2010. EXT. P11 : COPY OF REVISION PETITION FILED BY THE PETITIONERS BEFORE THE GOVT. EXT. P12 : COPY OF G.O.(MS) 132/09/G.EDN. DTD.17.6.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27000 OF 2009 --------------------------------------- Dated this the 14th day of December, 2009. J U D G M E N T The petitioners herein are working as H.S.A (SS), H.S.A (Maths) and H.S.A (SS) respectively in the Raja Ravi Varma Girls Higher Secondary School, Kilimanoor. The petitioners were appointed against regular vacancies and those appointments have been approved also. The respondents 4 to 7 were appointed as H.S.A (English) in the 3rd respondent's school with effect from 06.06.2003, 09.06.2003, 05.06.2006 and 21.06.2006 respectively. 2. The matter relates to reduction of posts consequent on the staff fixation. During the academic year 2008-2009, four posts of H.S.As were reduced in the 3rd respondent's school and consequently, the petitioners 2 and 3 were retrenched. But, they were accommodated in the school during the academic year 2008-2009 by following the teacher-student ratio 1:40. This is evidenced by Exhibits P5 and P6 . W.P.(C) No.27000/2009 2 3. The petitioners 2 and 3 challenged the staff fixation order before the Government, which was disposed of by Exhibit P8 order. In Exhibit P8, the Government took the view that the petitioners 2 and 3 have been retained in the school as per the provisions contained in G.O.(P)No.167/08/G.Edn. dated 20.09.2008 and salary and allowances have been disbursed also, and therefore, their grievance have been redressed. 4. It is pointed out that the petitioners 2 and 3 are not getting salary from 15.07.2009 onwards. Exhibits P9 and P10 are the staff fixation orders for the year 2009-2010 against which the petitioners have filed Exhibit P11 before the Government as a revision petition. 5. The petitioners are relying upon Exhibit P12 Government Order to contend for the position that the teachers who got right to appointment under Rule 51A of Chapter XIV A, K.E.R prior to introduction of G.O.(MS)No.11/02/Gen.Edn. dated 07.01.2002 shall be appointed in the school by applying the subject ratio prevailing prior to 16.11.2002. It is also contended that the retention of the respondents 4 to 7 is in violation of Rule 6(I) of W.P.(C) No.27000/2009 3 Chapter XXIII K.E.R. 6. Heard the learned counsel appearing for the contesting respondents who justified the staff fixation order. Since Exhibit P11 is pending before the Government, it is upto the Government to take a decision in the matter after hearing the respective parties. Therefore, there will be a direction to the 1st respondent to take a decision on Exhibit P11, after hearing the petitioners and respondents 3 to 7, within a period of three months from the date of receipt of a copy of this judgment. It is stated by the learned counsel for the petitioners that the petitioners are continuing in the school. If that be so, they will not be disturbed pending orders to be passed by the Government. The legal contentions raised by the petitioners in respect of Exhibit P8 are left open. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp