IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 10787 of 2009(P) ------------------------------------ PETITIONER(S): ----------------------- R.SUNIL KUMAR, PHYSICAL EDUCATION TEACHER, HSS FOR BOYS, PUNALUR. BY ADV. MR.B.GOPAKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION (A) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PUNALUR. 4. PATHANAPURAM TALUK SAMAJAM CORPORATE MANAGEMENT SCHOOLS, REPRESENTED BY ITS MANAGER, PUNALUR. 5. REGHUNATHA PILLAI, ADMINISTRATIVE ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.10787 of 2009 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. B.Gopakumar, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner is a Physical Education teacher working in the Higher Secondary School for Boys, Punalur managed by the fourth respondent corporate educational agency. During the academic year 2008-2009, there was a fall in student strength in Chemmanthur High School, Punalur run by the fourth respondent corporate educational agency. The Physical Education teacher in the said school was senior to the petitioner. Therefore, the Manager posted the said teacher in the Higher Secondary School for Boys, Punalur resulting in the petitioner's retrenchment. According to the petitioner, he was in charge of the NCC unit of Higher Secondary School for Boys, Punalur and is therefore entitled to get the benefit of protection. The petitioner submits that seeking the said relief, he has submitted Ext.P4 representation before the Hon'ble Minister for Education, that the said representation was in turn forwarded by the Hon'ble Minister to the Secretary to Government, WP(C) 10787/09 -: 2 :- General Education Department and that till date orders have not been passed on the said representation. 3. In this Writ Petition, the petitioner inter alia prays for a direction to the Secretary to Government, General Education Department to consider Ext.P4 representation and pass orders thereon within a time limit to be fixed by this Court. The pleadings disclose that the petitioner was the teacher in charge of the NCC unit of Higher Secondary School for Boys, Punalur. As a result of the staff fixation order passed in relation to another school belonging to the corporate educational agency, the petitioner who was junior to the Physical Education teacher of that school was retrenched. He submits that he is a protected teacher on the ground that he was in charge of NCC unit of the Higher Secondary School for Boys, Punalur. He also relied on various Government orders in support of the said contention. The question whether the petitioner is entitled to be given the status of a protected teacher on account of the fact that he was in charge of NCC unit of the Higher Secondary School for Boys, Punalur is primarily a matter for the Government to decide. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider the request made by the petitioner in Ext.P4 representation and pass orders thereon after affording the petitioner and respondents 4 and 5 a reasonable opportunity of being heard. Final, orders in the matter shall be passed within two months from the date on which the petitioner WP(C) 10787/09 -: 3 :- produces a certified copy of this judgment. The Secretary to Government, General Education Department shall while passing orders in the matter have due regard to the direction earlier issued by the Government in Ext.P2 letter dated 27.10.1986. P.N.Ravindran, Judge. ess