IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15437 of 2009(Y)
1. P.C.SUPRIYA, W/O. RAJAN BABU,
... Petitioner
Vs
1. STATE OF KERALA REP. BY THE SECRETARY
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTION,
3. DEPUTY DIRECTOR(EDUCATION),
4. DISTRICT EDUCATIONAL OFFICER,
5. MANAGER, SREE VIVEKANANDA HIGH
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :09/06/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P. (C) No. 15437 OF 2009
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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
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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
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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