IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 6305 of 2009(G) ------------------------------------- PETITIONER: ------------------- ANN SUPRIYA JOHNY, HIGHER SECONDARY SCHOOL TEACHER (JR.MATHS), SECREAT HEART, C.G. H.S.S., THRISSUR. BY ADV. MR.BENOY THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. 4. THE CORPORATE MANAGER, CARMELITE CONGREGATION OF SISTERS, TRINITY CONVENT, KOLAZHY, THRISSUR-10. R1 TO R3 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.6305 of 2009 ===================== Dated this the 23rd day of March, 2009. JUDGMENT Heard Sri. Benoy Thomas, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, 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 the fourth respondent. 2. The petitioner was appointed as H.S.S.T. (Junior) in Mathematics in the fourth respondent's school during the academic year 2002-2003. At that point of time, the staff fixation order for the year 2002-2003 had not been issued. During the previous academic year 2001-2002, the Director of Higher Secondary Education had sanctioned one post of H.S.S.T. (Junior) in Mathematics and three posts of H.S.S.T. in Mathematics. The petitioner was appointed against the post of H.S.S.T. (Junior) in Mathematics sanctioned during the academic year 2001-2002. The said appointment was approved by Ext.P1 order dated 12.1.2004. 3. The petitioner continued in service and was drawing salary as H.S.S.T. (Junior). The staff strength for the academic years 2002-2003, 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008- 2009 was not fixed till Ext.P5 order was issued on 29.1.2009. By the said order, the Regional Deputy Director of Higher Secondary Education, WP(C) 6305/09 -: 2 :- Ernakulam sanctioned only three posts of H.S.S.T. in Mathematics for the academic years 2002-2003, 2003-2004, 2004-2005, 2005-2006, 2006- 2007, 2007-2008 and 2008-2009. The petitioner is aggrieved by Ext.P5 for the reason that it would result in her retrenchment. According to the petitioner, after 25 periods of work per teacher is allotted to the three H.S.S. Teachers in Mathematics, the left over periods will be five and she can be accommodated as H.S.S.T. (Junior) in Mathematics to handle the said periods of work. The Regional Deputy Director of Higher Secondary Education however declined to sanction the post of H.S.S.T. (Junior) in Mathematics in view of the stipulation in Ext.P6 Government order dated 29.11.2002 which provides that if in a Higher Secondary School, there are more than two Higher Secondary School teachers in a particular subject, H.S.S.T. (Junior) can be appointed only if the excess period of work is 9. The petitioner has aggrieved by Ext.P5 staff fixation order filed Ext.P7 representation before the State Government requesting that she may be retained in service. In this Writ Petition, the petitioner inter alia challenges Ext.P5 staff fixation order and Ext.P6 Government order and seeks consequential reliefs. 4. The question whether the petitioner is liable to be retrenched and whether Ext.P5 staff fixation order was correctly passed are primarily matters for the Government to decide at least in the first instance. The pleadings disclose that the staff fixation order for seven academic years from 2002-2003 to 2008-2009 was passed only on 29.1.2009. The WP(C) 6305/09 -: 3 :- petitioner's appointment was during the academic year 2002-2003 as H.S.S.T. (Junior) in Mathematics. The petitioner has been continuing in service since 30.6.2003. If Ext.P5 staff fixation order is implemented, she will be thrown out from service. The petitioner has aggrieved by Ext.P5, moved the Government by filing Ext.P7 representation. It is relying on Ext.P6 Government order that in Ext.P5 the post of H.S.S.T. (Junior) in Mathematics was abolished. Even in relation to the academic year 2002-2003, the Regional Deputy Director of Higher Secondary Education could not have on the terms of Ext.P6 Government order sanctioned the said post. The Government alone can therefore consider the grievance voiced by the petitioner. In these circumstances, I dispose of this Writ Petition with a direction to the Government to consider Ext.P7 representation and pass orders thereon after notice to and affording the petitioner and the fourth respondent an opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment. Till then, status quo as on today shall be maintained in relation to the employment of the petitioner. P.N.Ravindran, Judge. ess