IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 1038 of 2011(D) ------------------------------------- PETITIONER: ------------------- REGI .S., VALIYAVEETTIL VADAKKATHIL, POOZHIKKAD, KUDASSANAD P.O., PANDALAM, PATHANAMTHITTA-689 512, (PHYSICAL EDUCATION TEACHER, S.N.D.P SCHOOL, KARAMVELI). BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-33. 3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, PIN-689 645. 4. M.S.THAMPI, PHYSICAL EDUCATION TEACHER, S.N.D.P.HIGHER SECONDARY SCHOOL, MUTTATHOKONAM, ELAVUMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689 625. W.P.(C). NO.1038/2011-D: 5. THE CORPORATE MANAGER, S.N.D.P.YOGAM SCHOOLS, P.B.NO.512, KOLLAM, PIN-691 001. R1 TO R3 BY GOVT. PLEADER SRI. H. HANILKUMAR, R4 BY ADV. SRI.M.BALAGOVINDAN, R5 BY ADVS. SRI.S.SUJIN, SRI.A.N.RAJAN BABU, SRI.P.GOPALAKRISHNAN (MVA). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1038/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE R.5 DTD. 09/11/2005. EXT.P.2: COPY OF THE ORDER ISSUED BY THE R.5. DTD. 05/06/2006. EXT.P.3: COPY OF THE ORDER ISSUED BY THE R.3. AS NO.B4-5594/09 DTD. 31/07/2009. EXT.P.4: COPY OF THE ORDER NO.B4/14490/09 DTD. 02/02/2010 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. EXT.P.5: COPY OF THE ORDER NO. RA4/36157/10/DPI DTD. 18/09/2010 ISSUED BY THE R.2. EXT.P.6: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.1. DTD. 22/12/2010. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE TRANSFER ORDER DTD. 26/06/2010. EXT.R5.A: COPY OF THE GOVERNMENT ORDER. EXT.R5.B: COPY OF THE G.O.M.S. NO.3/93/GEDN. EXT.R5.C: COPY OF THE REVISION PETITION. EXT.R5.D: COPY OF THE LETTER NO. E189/09. EXT.R5.D.1: COPY OF THE SENIORITY LIST. EXT.R5.E: COPY OF THE ORDER NO. E300/2010/GE. EXT.R5.F: COPY OF THE LETTER DTD. 07/06/2010. EXT.R5.G: COPY OF THE MEMO OF CHARGE. EXT.R5.H: COPY OF THE LETTER DTD. 18/08/2010. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1038/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of August, 2011 J U D G M E N T The petitioner seeks implementation of Ext.P5 order passed by the Joint Director of Public Instruction. 2. It is a case where the petitioner, who is a Physical Education Teacher, is seeking retention in the the school by applying the Teacher-students ratio, 1:40. In Ext.P5 order it is ordered that the retention of an existing Physical Education Teacher under 1:40 ratio may be granted only for the purpose of retention of excess teacher under the Management only on the ground that there is no vacancy to provide the excess and no junior teacher in the same category is working against a regular post under the schools of this Management. Accordingly, certain directions have also been issued and the District Educational Officer has been directed to revise the staff fixation of the school for the year 2009-10. W.P.(C). No.1038/2011 -:2:- 3. The learned counsel for the Manager submitted that against Ext.P5 order, a revision petition has been filed before the Government as per Ext.R5(c). It is averred in para.14 of the counter affidavit as follows:- “In Ext.R5(c) revision petition, the Manager has also stated that the fourth respondent is the junior-most hand in the category of physical education teachers and the petitioner herein has got approved continuous service with effect from 05/06/2006. Hence, it is also prayed that in the light of the fact that 1:40 ratio is to be applied in the particular school affected by division fall, the lien of the petitioner for the period from 15/07/2009 to 31/05/2010 may be adjusted against the SNDP HSS Muttathukonam against the post of fourth respondent and the lien of the fourth respondent may be retained at SNDP HS Karemveli under 1:40 ratio. The revision petition is still pending. In the W.P.(C). No.1038/2011 -:3:- meanwhile, there arose a retirement vacancy of Physical Education Teacher in SNDP HSS Udayamperoor to which the fifth respondent transferred and posted the petitioner in the SNDP HSS Udayamperoor by order No.E300/2010/GE (1) dated 26/06/2010, a copy of which is produced as Ext.R5(e).” 4. Therefore, if the proposal of the Manager to adjust the lien of the petitioner for the period from 15/07/2009 to 31/05/2010 against SNDP HSS Muttathukonam against the post of fourth respondent and the lien of the fourth respondent to be retained at SNDP HS Karemveli under 1:40 ratio is accepted, then both the parties will be benefited. It is also submitted by the learned counsel for the Manager that in the light of Ext.R5(a) and R5(b), the staff fixation order can also be revised. 5. The suggestions as above by the Manager will be considered by the Government after hearing all the parties. In that view of the matter, the revision petition filed by the Manager produced as Ext.R5(c) W.P.(C). No.1038/2011 -:4:- will be taken up for hearing by the Government and will be disposed of after hearing the petitioner and respondent Nos.4 and 5 within a period of three months from the date of receipt of a copy of this Judgment. The Government will advert to the claims of the petitioner for the period from 15/07/2009 and pass appropriate orders. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms