KATHERINE Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The point that arises for decision in this Original Petition is whether for satisfying the subject requirement in a High School, a HSA working since 1982 should be retrenched to accommodate a fresh hand appointed in the academic year 2000-2001 or whether the concept of minimum subject requirement can be invoked to retain the teacher with 18 years service. The brief facts necessary for the case are the following:

(2.) The first petitioner was appointed as UPSA on 5.1.1987 in the fourth respondents school and her appointment has been approved. She was having B.A. and B.Ed. and therefore was qualified to be promoted as HSA (Social Studies). She was promoted as HSA (Social Studies) in a short term leave vacancy which arose on 6.6.1995. The said appointment was approved and on termination of the said vacancy, she was reverted. Again she was appointed in similar short spells as HSA (Social Studies), but the details of those appointments may not be relevant for this case. While so, a retirement vacancy arose and the first petitioner was appointed to that vacancy as per Ext. P2 order dated 5.6.2000. The said vacancy was created due to the retirement of a Social Studies hand. The second petitioner was appointed to the vacancy of UPSA whenever the first petitioner was being promoted as HSA in short term vacancies earlier. Finally, she was also appointed as UPSA in the regular vacancy created by the promotion of the first petitioner.

(3.) The petitioners submit that during the academic years 1997-98, 1998-99 and 1999-2000, as per the teacher - student ratio of 1:45, there were only 15 posts of HSAs. But, applying the teacher - student ratio of 1:40 for retaining the existing hands, 17 posts were sanctioned during these years and in those posts, the fifth respondent and one Smt. K.J. Katherine were retained.