IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 37896 of 2007(J) -------------------------------------- PETITIONER: ------------------- SR.V.M. ALI, AGED 54 YEARS, D/O. MATHAI, PHYSICAL EDUCATION TEACHER, ST.JOSEPH U.P.SCHOOL, KOODALLOOR. BY ADV. MR.M.J.THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, ETTUMANOOR. 5. THE CORPORATE EDUCATIONAL AGENCY OF SCHOOLS, DIOCESE OF KOTTAYAM, P.B.NO.71, KOTTAYAM-1, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. T.B. REMANI, R5 BY ADV. MR.JOSE J.MATHAIKAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37896/2007-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIRCULAR DTD. 28/02/1989. EXT.P.2: COPY OF THE REPRESENTATION DTD. 29/12/2003 TO THE R.2. EXT.P.3: COPY OF THE REPORT OF THE A.E.O WITH COVERING LETTER DTD. 03/04/2004. EXT.P.4: COPY OF THE ORDER DTD. 24/05/2004 ISSUED BY ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (ACADEMIC), THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE REPRESENTATION DTD. 12/05/06 ALONGWITH THE LIST OF PHYSICAL EDUCATION TEACHERS. EXT.P.6: COPY OF THE JUDGMENT DTD. 09/03/2006 IN O.P. NO. 26805/2002. EXT.P.7: COPY OF THE G.O.(RT).NO.4109/2006/G. EDN. DTD. 22/09/2006. EXT.P.8: COPY OF THE REPRESENTATION DTD. 01/07/2007 SUBMITTED BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37896 of 2007-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009. JUDGMENT The petitioner herein is working as Physical Education Teacher in the school managed by the 5th respondent. The petitioner is having continuous approved service from 1.6.1982. On 15.7.1987 he was transferred to a the regular vacancy of Physical Education Teacher at St. Joseph U.P. School, Koodalloor under the same management. During the staff fixation order for the year 2000-2001 the post of Physical Education Teacher in the said school was abolished. It is the case of the petitioner that the abolition of the post is against the relevant circulars issued by the Director of Public Instruction and the order passed by the Government regarding the appointment of Specialist Teachers. 2. The Manager has filed an appeal challenging the abolition of post and the petitioner continued to work upto 31.12.2002. The Manager accommodated the petitioner in the regular post with effect from 1.1.2003. The grievance raised by the petitioner is that the salary for the period from 1.7.2002 to 31.12.2002 is withheld for want of sanction of post in the said school. Ext.P2 is the copy of the revision submitted by the manager before wpc 37896/2007 2 the second respondent. It is the case of the petitioner that pursuant to the filing of revision, the District Educational Officer has forwarded Ext.P3 report to the second respondent. By Ext.P4, Ext.P2 was rejected. The petitioner is now relying upon the judgment in O.P.No.26805/2002 filed by one Smt. K.T. Chinnamma. Ext.P8 is the representation submitted by the petitioner before the second respondent. 3. The second respondent has filed a counter affidavit in the matter. 4. Heard learned counsel for the petitioner, learned Govt. Pleader and learned counsel appearing for the Manager. 5. There will be a direction to the second respondent to take a decision on Ext.P8 after hearing the petitioner and the Manager, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) kav/