CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the direction in Ext. P5 government order to the effect that when retrenchment/reversion is necessary consequent on reduction of posts in a school, satisfaction of 1:1:1 ratio in the core subjects is not necessary and if minimum subject ratio is satisfied retrenchment/reversion will be done on the principle of last to come first to go as illegal and without jurisdiction. Petitioner also seeks consequential reliefs. Learned Government Pleader takes notice for respondents 1 to 3. I find it unnecessary to issue notice to the fourth respondent, Manager of the aided high school.

(2.) Petitioner was appointed High School Assistant (Mathematics) in the fourth respondent's school in a regular vacancy which arose on 25-6-1984. The appointment has been approved. In 1987-88 there was reduction in number of divisions from 31 to 28. Petitioner was retrenched, but treated as protected teacher and allowed to continue in the school (and not deployed to government school) on the basis of the government order which allowed one protected teacher to be retained for every ten teachers. Petitioner therefore states that be was not actually aggrieved by the former retrenchment and granting of protection since be was not disturbed from the school.

(3.) For the year 1988-89 also only 28 divisions have been sanctioned (Ext. P2). But this year protection of allowing one protected teacher to be retained for every ten teachers has been cancelled. Therefore petitioner would have to be deployed in a government school. Apprehending deployment he gave a representation to the Deputy Director of Education as seen in Ext. P3. He asked third respondent to pass orders. Third respondent passed Ext. P4 order stating that petitioner is not liable to be retrenched or protected since according to the prescribed subject ratio there should be 9 H.S. As (Mathematics) and the petitioner is 9tb. He also indicated that the excess hand, going by the subject requirement, is the H.S.A. in Natural Science and declared the Natural Science teacher as protected. It is thereafter that the Government passed Ext. P5 government order dated 11-10-1988 laying down that when retrenchment is necessary, if minimum subject ratio is satisfied, retrenchment will be done on the principle of last to come first to go. Petitioner is the juniormost among all the H.S.As. Minimum subject ratio is also satisfied. Therefore be apprehends being treated as protected and deployed to a government school. Therefore he challenges the direction in Ext. P5 government order.