High Court Kerala High Court

Neetha Paul vs State Of Kerala on 2 January, 2007

Kerala High Court
Neetha Paul vs State Of Kerala on 2 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33912 of 2006(K)


1. NEETHA PAUL, AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE MANAGER,

                For Petitioner  :SRI.SABU GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

 Dated :02/01/2007

 O R D E R
                                 K.K.DENESAN, J

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                          W.P.(C)NO. 33912 of 2006

                          -------------------------------


                  Dated this the 2nd    day  of January, 2007



                                     JUDGMENT

The petitioner stands retrenched from service for want of

adequate number of divisions and posts in the school managed by

the third respondent. This happened while she was having to her

credit service of 9 years and 2 months. It is contended that the

petitioner can be granted the benefit of protection if the said benefit

is extended to all those who were in service or those who had

commenced service in the academic year 1996-1997. Another

contention is that, by Ext.P3 order, a teacher having lesser length of

service than the requisite service length has been granted the benefit

of protection, and therefore, similar benefits shall be granted to the

petitioner also. These two contentions have been rejected by the

Government as per Ext.P9 while considering the representations filed

by the petitioner. Hence, Ext.P9 order of the Government is under

challenge.

2. In order to sustain the challenge against Ext.P9, the petitioner

has taken up the contention that the date stipulated in Ext.P2 G.O.

namely, 14.7.1997 for identifying teachers who are entitled for the

benefit of protection is arbitrary and discriminatory. According to the

W.P.(C)No.33912/2006 2

petitioner, the date 14.7.1997 has no relevance. If the object of

granting protection has to be extended to the teachers, the same

should be given to all those who commenced service in the relevant

academic year, namely 1997-1998 and shall not be limited to

teachers who commenced service on or before 14.7.1997.

3. I am not impressed by the above contention. 14th July of

every year has got relevance as far as aided school teachers governed

by the provisions of the Kerala Education Rules are concerned. 14th

July is the date fixed for fixing the staff strength of the schools

concerned by the educational officer. The number of divisions will be

determined as on that date. The contention that once the

Government decides that appointments made before 14th July 1997

can be taken note of for the purpose of protection, the same

concession should be extended to appointments made thereafter also

cannot be accepted. There is nothing arbitrary or irrational in fixing

14th July 1997 as the cut off date.

4. Protection is a concession granted by the Government by

issuing executive orders from time to time. It is not a right or benefit

relatable to any statutory provision. In fact, Government have passed

orders notwithstanding the statutory provisions contained in the

Kerala Education Rules. Hence it is not proper for this Court to extend

W.P.(C)No.33912/2006 3

the benefit of such concessions to more categories of teachers. The

petitioner unfortunately could not commence service prior to 14th July

1997. She do not have the requisite period of service to come within

the purview of Ext.P2 G.O. granting the benefit of protection.

5. I find no error in Ext.P9. The stand taken by the Government

that the fact that deviation made in the case of one teacher shall not

set a bad precedent does not call for interference. It is the correct

stand. More instances of deviation by the Government need not

happen or perpetuated at the instance of this Court. It is not just and

proper to direct the Government to violate its own general orders and

grant special concessions to any individual or group of individuals.

The writ petition is devoid of merit. Dismissed.

K.K.DENESAN, JUDGE

css/

W.P.(C)No.33912/2006 4