- 7. Rule 5A of Chapter XTV A of the KER provides that "Qualified teachers who are retrenched by the opening of new schools or consequent on orders of Government relating to the course of studies or scheme of teaching or due to withdrawal of recognition of the school for any of the reasons specified in Rules 22, 22A or 23 in Chapter v. and consequent closure of the school shall be given preference for appointment to future vacancies in schools under the same Educational Agency or under other Educational Agencies. Rule 6 (viii) of Chapter V, KER is already referred to.
- 8. Apart from these statutory provisions, the Government issued various executive orders from time to time to accommodate retrenched teachers. These executive orders are popularly known as "protection orders".
- 9. Another provision which deals with protected teachers is Rule 51A of Chapter XTV A which provides for preference for appointment to future vacancies. Second proviso therein was added in 2005 making the first preference under the Rule to protected teachers.

10. The first protection order was G.O.(Ms. ) No. l04/69/G. Edn., dated 6-3-1969, in which the following among other provisions were made: Government, after considering all aspects of the question are pleased to order that the lien of these teachers should be retained under the management of the aided schools in which they were working at the time of retrenchment. But they may be posted on a purely working arrangement in the next available vacancies of similar category arising in Government Schools in the same educational district. But before posting them on a temporary basis in Government Schools, controlling officers will verify that there are no vacancies in the same or other schools belonging to the management under which the teacher was working at the time of retrenchment. In the case of schools under corporate managements which have schools in a region or covering the entire State, the controlling officers should satisfy themselves that there are no vacancies under the corporate managements as a whole to absorb these teachers.... The retrenched teacher will be absorbed in the next vacancy arising in any of the aided schools under the management by whom he was appointed. The controlling officers will not approve any new appointments in the schools under these managements until and unless the retrenched hands are absorbed first. The retrenched teachers will not be entitled to salary and allowances for the period he is out of job. But as this may constitute a break in service the period during which he is out of job will be treated as eligible leave and leave on loss of pay.

- 11. In Form 27 issued under Rule 7 of Chapter XIV A of the KER, which contains the appointment order of a teacher, the Educational Officer has to certify that the appointment has been made after satisfying that no qualified retrenched teacher entitled to absorption is available.

12. After the issue of G.O.(Ms. ) No. l04/69/G Edn. dated 6-3-1969, various Government Orders were issued providing protection to retrenched teachers, namely, G.O.(Ms. ) No. 474/69, G.O.(P) No. 240/99, G.O.(P) No. 112/2001, G.O.(Ms. ) No. 83/88, GO. (P) No. 178/2002, G.O.(P) No. 403/2002, G.O.(P) No. 46/2006 etc. Various changes were made in the matter of implementation of the orders for 'protection', taking into account the representation of teachers, managers and service organisations.