SATHEESAN.T. Vs. DY. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) DEPLOYMENT of the petitioner from the Upper Primary School at Keezhpayur, Kozhikode to the GLPS Kakkanchery as per Ext.P3 order dated 09.08.2012 is under challenge. Case of the petitioner is that, by virtue of Ext.P4 G.O dated 14.06.2003, the petitioner having more than 23 years of service, is entitled to be retained in the parent school.

(2.) THE petitioner joined the UP School Keezhpayur as a UPSA, initially in a leave vacancy on 12.09.1985 and was continuing in the said school ever since then. But in 1997, due to division fall, he came to be designated as a Protected Teacher and was redeployed to GMUPS, Kappad and thereafter to the Government Vocational Higher Secondary School, Payyanackal. Later, in the year 2008, the petitioner was brought back to the parent school where he was continuing as above, till the displacement caused vide Ext.P3.

(3.) THE rigor of the said condition was subsequently modified/reduced from bringing down the length of service from 25 years to '23 years' for availing the said benefits, vide Ext.P4 G.O(P) No.226/03/G.Edn. dated 14.06.2003. Referring to Ext.P2 certificate issued by the Head Master of the School, the petitioner points out that, he has completed much more than 23 years of service and has acquired eligibility to have the benefit of 'selection grade' on completing 23 years on 20.06.2008. The petitioner also contends with reference to Ext.P1 staff fixation order for the year 2011-12 that, even as per the staff fixation order prevalent for the year 2011-12, the petitioner has been retained in the same school/parent school and as such, the petitioner could not have been redeployed now vide Ext.P3. It is also pointed out that, the impugned order virtually has reverted the petitioner from the grade of UPSA to LPSA, the transferred school to which the petitioner has been redeployed being a Government Lower Primary School which falls under the Koyilandy Sub District. Placing reliance on the decision rendered by this Court in Manager, M.M.U.P.School Vs. Deputy Director of Education [2011 (1) KLT 663], it is asserted that a UPSA cannot be sent out to hold the post of LPSA, the two posts being different and distinct and thus seeks to set aside Ext.P3 order.