STATE OF KERALA Vs. PRASANTH M. KAIMAL

JUDGEMENT

(1.) The State Government is in appeal against the judgment dated 23.1.2019 in W.P.(C).No.31555/2011, whereby, a learned Single Judge quashed the order dated 9.11.2011 of the State Government in the General Education Department that decided to abolish the posts of Sanskrit and Urdu teachers sanctioned in the Muslim LP School, Myloor, based on an objection raised by the Accountant General, Thiruvananthapuram. The brief facts necessary for a disposal of the Writ Appeal are as follows:

(2.) The Muslim LP School, Myloor is an aided School under the administrative jurisdiction of the Assistant Educational Officer [AEO], Kothamangalam. It is not in dispute that the School was granted sanction by the Government to function as an LP School with 5th Standard as well, as a special case. The 5th Standard was discontinued for a brief period, and it was later restored with effect from the academic year 1994-95. It would appear that the Manager of the School had filed O.P.No.13425/1998, aggrieved by the rejection by the educational authorities of his request to sanction a Part Time post of Hindi teacher to the 5th Standard in the School. Pursuant to the directions issued by this Court in the said O.P, a Part Time post of Hindi teacher was sanctioned in the School from the academic year 1997 onwards, as per the Government Order dated 30.6.1999. On the strength of this Government Order, the Manager made a request for sanctioning of Part Time posts of Sanskrit and Urdu teachers to teach in the 5th Standard of the said School. Although the said request was initially rejected by the AEO, in an appeal preferred before the Deputy Director of Education, the latter allowed the request by an order dated 30.11.2000, by reckoning four periods each available for these languages in Standard V of the School. Pursuant to the said order, one Part Time post each for Sanskrit and Urdu was allowed by the AEO in the staff fixation order dated 12.9.2001 for the academic year 2001-02. The Manager consequently made appointments of Sri.Prasanth N. Kaimal and Sri.P.Hamsa, as the Part Time Sanskrit teacher and Urdu teacher respectively, against the said posts, and the said appointments were approved by the educational authorities with effect from 28.7.2000 and 25.1.2001 respectively.

(3.) In subsequent years, the strength of students studying Sanskrit and Urdu increased, and accordingly, the aforesaid two teachers were given the full time benefits when they completed five years of service, and it was established that they had eight periods of work per week with effect from 15.7.2006. It was while so that, pursuant to a direction issued by the Government, based on an audit objection, the Deputy Director of Education, vide letter dated 13.10.2009 [Ext.P15], was instructed to abolish the posts of Sanskrit and Urdu teachers sanctioned in the School with immediate effect.