IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 15437 of 2009(Y) -------------------------- PETITIONER(S): --------------- P.C.SUPRIYA, W/O. RAJAN BABU, THACHATHUMANNIL HOUSE, VALLAMKULAM EAST, THIRUVALLA (HSA(MATHS), SREE VIVEKANANDA HIGH SCHOOL, PULLAD ) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERALEDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. DEPUTY DIRECTOR(EDUCATION), OFFICE OF THE DEPUTY DIRECTOR(EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 5. MANAGER, SREE VIVEKANANDA HIGH SCHOOL, PULLAD. R1 TO R4 BY GOVERNMENT PLEADER SMT.M.R.SREELATH & SANDESH RAJA R5 BY ADV. SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15437/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DTD. 5.6.95 ISSUED BY RESPONDENT NO.5. P2:- COPY OF THE ORDER APPOINTING THE PETITIONER AS has (MATHS) WITH EFFECT FROM 3.6.96 TO 25.3.99 ISSUED BY RESPONDENT NO. 5 AND APPROVED BY RESPONDENT NO.4. P3:- COPY OF THE ORDER DTD. 5.6.2000 APPOINTING THE PETITIONR IN A REGULAR VACANCY OF has (MATHS) BY RESPONDENT NO.5 AND APPROVED BY RESPONDENT NO.4. P4:- COPY OF THE STAFF FIXATION ORDER DT. 20.7.2006 PERTAINING TO SVHS, PULLAD, FOR THE ACADEMIC YEAR 2006-07. P5:- COPY OF THE ORDER DT.D 27.4.2007 PASSED BY RESPONDENT NO.4 RETAINING THE PETITIONER AS has (MATHS). P6:- COPY OF THE STAFF FIXAITON ORDER DTD. 4.8.07 FOR THE ACADEMIC YEAR 07-08 PERTAINING TO SVHS, PULLAD, ISSUED BY RESPONDENT NO.4. P7:- COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.12/08/G.EDN. DTD. 9.1.2008. P8:- COPY OF THE APPELLATE ORDER DTD. 8.2.08 PASSED BY RESPONDENT NO.3. P9:- COPY OF THE STATUTORY REVISION PETITION UNDER RULE 12(E) CHAPTER XXII KER SUBMITTED BEFORE RESPONDENT NO.2. P10:- COPY OF THE SHOW CAUSE NOTICE DTD. 4.9.08 ISSUED BY RESPONDENT NO.3 TO RESPONDENT NO.5. P11:- COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.338/04/G.EDN. DTD. 10.11.2004. P12:- COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.4/05/G.EDN. DTD. 4.1.05. P12(a):- COPY OF THE GOVERNMENT ORDER DTD. 16.9.2006 INTRODUCING 1: 40 RATION BY RESPONDENT NO.1. P13:- COPY OF THE ORDER DT. 17.2.2009 PASSED BY RESPONDENT NO.3. P14:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE HON. MINISTER FOR EDUCATION AT THE TIME OF EDUCATIONAL ADALATH HELD ON 25.10.2008 IN THE OFFICE OF RESPONDENT NO.3. W.P.(C) NO.15437/2009 P15:- COPY OF THE ORDER DTD. 27.3.2009 ISSUED BY RESPONDENT NO.1. P16:- COPY OF THE RELEVANT PAGE OF THE TEACHERS' SIGNATURE REGISTER MAINTAINED IN THE SCHOOL NAMELY, SREE VIVEKANANDA HIGH SCHOOL, PULLAD FOR THE MONTH OF JUNE 2009. P17:- COPY OF THE CERTIRICATE DTD. 3.7.2009 ISSUED BY THE HM, SREE VIVEKANANDA HIGH SCHOOL, PULLAD. P18:- COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.41/10/G.EDN. DTD. 20.3.2010 THUS PASSED BY RESPONDENT NO.1. TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 15437 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2010 J U D G M E N T The petitioner was appointed as UPSA in Sree Vivekananda High School, Pullad. The said appointment was approved. Later, the petitioner was promoted to the post of High School Assistant(Mathematics). Subsequently, pursuant to the staff fixation for the year 2006-2007 the petitioner had faced with the threat of reversion. However, by following Teacher Student Ratio of 1:40, the petitioner was ordered to be retained as HSA as per Ext.P5 order. But, the 3rd respondent interfered with the same as per Ext.P8 order dated 8.2.2008. Feeling aggrieved by Ext.P8 order, the matter was taken up in revision. However, the revision petition filed by the petitioner was dismissed by the 3rd respondent as per Ext.P13 order. A further revision was unsuccessfully attempted before the Government. In fact, the said revision petition was dismissed as per Ext.P18 order. Exts.P13 and P18 orders were passed relying on Ext.P12 Government Order dated 4.1.2005. As per Ext.P12 G.O. the benefit of 1:40 WPC.15437/2009 : 2 : Teacher Student ratio was available only to avert retrenchment. But, Ext.P7 G.O. was, later, issued extending the benefit of Ext.P12 to teachers faced with reversion to the lower posts. However, the said order was to take effect only from 2007-2008 onwards. Off late, the Government have issued Ext.P18 Government Order. The relevant portion of the same reads thus:- Government have examined the matter in detail and are pleased to order that the government Order read as 2nd paper above is applicable for the years 2004-05, 2005-2006 and 2006-2007 also. The educational officers will revise the staff fixation orders from 2004-05, 2005-06 and 2006-07 accordingly wherever it is found necessary. While revising the staff fixation orders, it should be ensured that those teachers whose appointments were already approved will not be affected adversely. The orders pertaining to extension of 1:40 ratio in the respective years is modified to the above extent only. It is obvious from Ext.P18 that the benefit granted as per Ext.P18 Government order is made applicable for 2004-05 to 2006-07 also. In the said circumstances, Ext.P15 requires reconsideration in the light of Ext.P18. To enable the Government to reconsider the issue in the light of Ext.P18 Government Order, Ext.P18, P13 and P15 orders are set aside. This writ petition is accordingly disposed of with a direction to the first respondent to consider Ext.P14 revision WPC.15437/2009 : 3 : petition submitted by the petitioner dated 25.10.2008 in the light of Ext.P18 Government Order. This shall be done expeditiously, at any rate, within a period of three months from the date of receipt of a copy of the judgment . Till such an order is passed, the order dated 25.6.2009 in WP(C) 15437/2009 will continue to be in force. The first respondent shall also afford an opportunity of being heard to the petitioner as also to the 5th respondent Manager before passing of orders on Ext.P14 revision petition. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge