DEEPA GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as HSA (Physical Science) in the T.T.V. Higher Secondary School, Muvattupuzha, under the jurisdiction of the third respondent, is aggrieved by non -payment of salary to her from May 2015 onwards. The T.T.V. Higher Secondary School is an aided school and the conditions of service of the petitioner are governed by the Kerala Educational Rules, 1958 (hereinafter referred to as "KER" for short).

(2.) The petitioner commenced her service as U.P.S.A. on 15.06.1995. She was promoted as H.S.A. (Physical Science) with effect from 02.06.1997. She is having Post Graduate Degree in English also. The petitioner submits that there is no reason for denying her salary. She continues to work in the School and there is no order retrenching her. A post of HSA is available in the school to accommodate her. It is also submitted that there are several HSAs juniors to her in the School who are rendered surplus but continuing as H.S.As. on being accommodated in the post of H.S.A. (English). She also claims protection from retrenchment provided in the G.O. (MS) 11/02/G.Edn. dated 07.01.2002, introducing the post of H.S.A. English and introducing the ratio of 1:1:1:1 among core subjects, to the teachers like her who were in service as on 07.01.2002.

(3.) Petitioner has produced staff fixation orders for the years 2010 -11 and 2013 -14, as Exts.P2 and P3. Ext.P2 staff fixation order for the year 2010 -11 shows that the petitioner was retained in the third post of H.S.A. (Natural Science) in order to avoid retrenchment. It is seen that 5 posts were sanctioned for Physical Science; and 3 posts were sanctioned for Natural science as against two teachers working. There was no teacher for the third post of Natural Science. Ext.P2 staff fixation order further shows that 2 H.S.A.'s in Mathematics Smt. Ligy Paul and Smt. Sherly Joseph who were rendered surplus, were accommodated against the post of H.S.A. (English). Similarly, 2 H.S.As in (Social Science) i,e Smt. Shiny Yohanan and Smt. Naicymol C.S. were also accommodated against the post of the H.S.A. (English). Thus 4 out of the 5 sanctioned posts of H.S.A. (English), were occupied by HSAs in core subjects.