JOJI Vs. JOINT DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) THE question posed is whether the post of specialist teacher created in any upper primary school or upper primary section of High school prior to the year 1969-1970 would continue to exist under the proviso to r. 6b (1) of Chapter XXIII of Kerala Education Rules on the teacher vacating the post.

(2.) THIS case presents the following facts. A post of physical Education Teacher was sanctioned in the S. H. U. P. School, Chullimannoor prior to year 1969-70. Teacher by name Sumathi was working in that post. The teacher continued as such on the strength of proviso to R. 6b (1) of Chapter XXIII of kerala Education Rules. As per R. 6b (2) (a) of Chapter XXIII K. E. R. one post of physical Education Teacher would be sanctioned in each Upper Primary School or upper Primary Section of a High School having an effective strength of 500 pupils and above. The pupils strength of many of the schools were less than 500 with the result that there were threat of retrenchment of teachers. Physical education Teachers had represented before the Government their grievances that if the posts of Physical Education Teachers were reduced on the basis of staff strength for 1991-92, it would result in retrenchment and deployment of physical Education Teachers. Government considered their grievances and had passed an order dated 27. 12. 1991 stating that the posts of Physical Education teachers existed during the year 1990-91 in the High Schools and the Upper primary schools/u. p. Sections of High Schools, both Government and Aided would continue during 1991-92. The Controlling Officers were authorised to implement the orders even in cases where staff fixation orders for 1991-92 had been issued. THIS was ordered pending finalisation of the proposal for restructuring the post of Physical Education Teachers in the High Schools and Upper Primary schools.

(3.) MANAGER aggrieved by the said order filed a revision petition before the Joint Director, Directorate of Public Instruction, thiruvananthapuram. The same was rejected by Joint Director vide order dt. 4. 8. 1999 holding that on retirement of the teacher the post ceased to exist. Aggrieved by those orders this Writ Petition was preferred by the petitioner. Learned Single Judge did not find any reason to interfere with the orders passed by the educational authorities, against which this appeal has been preferred. We heard counsel for petitioners Sri. C. P. Sudhakara Prasad as well as Sri. C. K. Pavithran, learned Government Pleader.