STATE OF KERALA Vs. UNNIKRISHNAN NAIR

JUDGEMENT

(1.) These four Writ Appeals arise out of O.P.Nos. 16815/1992 and 17088/1992, which were disposed of by a common judgment. These Original Petitions were filed by the Manager of Mannam Memorial High School, Nariyampara, Idukki. Writ Appeals 964/1993 and 1042/1993 arise from O.P.17088/1992 and other two appeals from O.P. 16815/1992.

(2.) Writ Appeals 964/1993 and 1030/1993 are filed by the State and Deputy Director of Education, Idukki, who were respondents in the Original Petitions. Writ Appeals 1041/1993 and 1042/1993 are by the writ petitioner, namely the Manager of the aided school.

(3.) The short facts necessary for the disposal of these writ appeals, which are being disposed of by this common judgment, are as follows.- Due to reduction in the strength of students in the school run by the writ petitioner, there occurred reduction of the number of teachers. About 39 teachers were consequently sent out of the school during the period from 1977-78. Those teachers were granted protection in terms of the various Government orders. Those teachers were at first accommodated in Government schools on working arrangement. Later some of them were assigned to other aided schools newly established. As per the agreements executed by the management of the new schools under sub-r.(viii) of R.6 of Chap.5 of the Kerala Education Rules, hereinafter referred to as "the Rules", these protected teachers were absorbed into the staff of their schools. A permanent vacancy of U.P.S.A. arose in the school run by the writ petitioner during the year 1991-92. That vacancy was to be filled up by reinstating one of the protected teachers working in Government schools. Writ petitioner requested the Deputy Director of Education by letter dated 25-1-1991 to issue orders permitting one Mr.M.K. Thankappan, the seniormost protected teacher working in Government school, to rejoin duty in the school. Deputy Director did not pass any order on that request. Another vacancy of a U.P.S.A. and one in the category of L.P.S. A. arose in the school run by the writ petitioner during the academic year 1992-93. Deputy Director was then requested by letter dated 24-8-1992 to issue orders directing Smt.E.M. Radhamani and Smt. P.K. Radhamani Amma, who were continuing as protected teachers in government schools, to be sent back to his school. Since the Deputy Director was not passing any order on the above requests, writ petitioner approached this Court by filing O.P. 16815/1992 praying for the issue of a writ of mandamus directing the Deputy Director to issue immediate orders posting the protected teachers, namely Smt.E.M. Radhamani and Smt.P.K. Radhamani Amma, in the school. This Original Petition was filed on 17-12-1992. By that time, Sri. Thankappan, the first protected teacher, who was sought to be posted back into parent school, retired from service on superannuation.