PRIYAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as H.S.A. (Hindi) by the Corporate Manager, Travancore Devaswom Board in Devaswom Board Higher Secondary School, Thiruvalla as per Ext. P1 appointment order dated 23.7.2007. The said appointment was in the vacancy of Smt. S. Sasikala, H.S.A. (Hindi) who was transferred to Devaswom Board High School, Vamanapuram with effect from 9.7.2007. The District Educational Officer, Thiruvalla approved the petitioner's appointment with effect from 23.7.2007 as per order dated 11.6.2008. The petitioner was thus continuing in service in Devaswom Board Higher Secondary School, Thiruvalla. The staff fixation for the year 2011-2012 in respect of Devaswom Board Higher Secondary School, Thiruvalla was made as per Ext. P2 order dated 14.8.2011 issued by the District Educational Officer, Thiruvalla. Though during the previous year (2010-2011) 03 posts of H.S.A. (Hindi) had been sanctioned, on account of fall in student strength, the District Educational Officer sanctioned only 2 posts of H.S.A. (Hindi) for the academic year 2011-2012. He directed that the junior most H.S.A. (Hindi) should be retrenched or adjusted in the available vacancy. The petitioner, the junior most H.S.A. (Hindi) thus faced retrenchment.

(2.) By Ext. P2 order, besides the post of H.S.A. (Hindi) 01 post of H.S.A. (Natural Science) was also reduced, which necessitated the retrenchment of Smt. R. Sunitha, H.S.A. (Natural Science). Aggrieved by Ext. P2 staff fixation order, the Manager filed an appeal before the Deputy Director of Education. In that appeal, a copy of which is on record as Ext. P4, relying on Ext. P3 Government order dated 3.9.2011 he sought revision of the staff fixation order based on the teacher student ratio of 1:40 which was made applicable for the academic year 2011-2012 as well. The Deputy Director of Education rejected the appeal by Ext. P5 order dated 26.11.2011 on the ground that the posts of H.S.A. (Hindi) or H.S.A. (Natural Science) cannot be retained applying the 1:40 ratio. He held that the 1:40 ratio has to be applied to accommodate the junior most teacher in the service of the Corporate Educational Agency.

(3.) Aggrieved by Ext. P5 order, the Corporate Manager filed Ext. P6 revision petition before the Director of Public Instruction. While that revision petition was pending, the Government issued G.O. (P). No. 199/11/G.Edn. dated 1.10.2011, a copy of which is on record as Ext. P7. By that order the Government inter alia directed that the staff fixation order for the year 2010-2011 shall continue for the academic year 2011-2012 also. The Government also clarified that only those appointments made after 31.3.2011 in regular vacancies which arise due to promotion, resignation, death or retirement of teachers in the posts sanctioned as per the staff fixation order of 2010-2011 will be approved in the academic year 2011-2012. In short, the effect of Ext. P7 Government order is that the staff fixation order passed for the academic year 2010-2011 would govern the number of posts to be sanctioned for the academic year 2011-2012 as well. Yet another effect is that only those appointments made after 31.3.2011 in regular vacancies which had arisen due to promotion, resignation, death or retirement of teachers in the posts sanctioned as per the staff fixation order for the year 2011-2012 will be approved in the academic year 2011-2012. In the light of Ext. P7 Government order, the Director of Public Instruction disposed of Ext. P6 revision petition by Ext. P8 order dated 20.4.2012, with a direction to the District Educational Officer, Thiruvalla to dispose of the Corporate Manager's request in the light of paragraph 6B(i) of Ext. P7 Government order dated 1.10.2011, if it is otherwise in order.