M. RAMAKRISHNA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions related to the termination of service of teachers reemployed after their retirement at the then age of superannuation which was 55 -- and / or the directions issued by the Government educational authorities to the Managers of the Schools for such termination. The facts of these writ petitions may be noticed in the order in which they were argued before me. Save where expressly indicated, reference to the parties and to the exhibits, would be as in relation to the writ petition referred to.

(2.) The main ground taken in this and in the other writ petitions is that the directions issued by the Educational authorities and the terminations by the Management contravene the notifications issued by the Government of Kerala under the provisions of Chap.21 R.2, sub-r.(22) of the Kerala Education Rules, (K. E. R. for short) a copy of which has been produced as Ext. P2 in this writ petition. For the sake of convenience it will be referred to as Ext. P2 notification in the rest of this judgment. It reads as follows:

(3.) O. P. 1728 of 1967 is by the Manager of a High School in Koottungal, Chowghat. By Exts. P1 and P4 communications dated 10-5-1967 and 31-5-1967 from the District Educational Officer, Chowghai, the petitioner was informed that orders have been issued that the service of retired persons of Government and aided schools, reemployed in private schools, are to be dispensed with from the beginning of the academic year 1967-1968. Ext. P1 refers to G. O. (P) 176/67/Fin. dated 4-5-1967, a copy of which is Ext. P2. Ext. P3 is the same as Ext. P2 in O. P. 1689 of 1967. Ext. P5 is a copy of the Minutes of the Conference of the Regional Deputy Directors and the District Educational Officers, held in the office of the Director of Public Instruction on 26th May 1967. The same records that the services of retired persons of Government and aided schools reemployed in private schools are to be dispensed with at the beginning of the academic year 1967-68 and that the Managers and the controlling officers should be told that all these posts should be advertised for qualified hands, and that the retired and reemployed persons should, on no account, be retained. Nothing further has happened in this writ petition in pursuance of Ext. P4.