M P PRASANTH Vs. STATE OF KERALA

JUDGEMENT

(1.) EXTS. P2, P4, P6, P9 and P10 orders, to the extent the post of Physical Education Teachers in the U. P. section of v. P. M SNDP Higher Secondary School, Kazhimbram, was not sanctioned for the academic year 2001-02 and 2002-03, are sought to be quashed. The petitioner also seeks an order requiring the 4th respondent to approve his appointment covered by Ext. P1 and to grant consequential benefits.

(2.) BY Ext. P1 order, the petitioner was appointed in the v. P. M S. N. D. P Higher Secondary School, Kazhimbram with effect from 26. 1. 2001, as Physical Education Teacher. Such appointment was made against the retirement vacancy of a drawing Teacher, who retired with effect from 31. 3. 2001. On the retirement of the Drawing Teacher, who was the petitioner, based on Ext. P2 staff fixation order for the year 2001-02, the 4th respondent abolished the post of Drawing Teacher and also turned down the request of the Manager to sanction the post of physical Education Teacher. Against Ext. P2 staff fixation order, the Manager filed an appeal to the Deputy Director and that was rejected by Ext. P4. The Manager again filed an appeal before the 2nd respondent and that was also rejected by Ext. P6 order. Ext. P6, in so far as it is relevant reads as under. "on examining the case in detail, it is seen that the effective strength of pupils in the U. P Section of the school during the year 2001-02 is 737 and the school is therefore eligible for one regular post of specialist teacher. Since already there is a regular post of specialist teacher existed in the previous year there is no need to conduct Higher Level verification during this year. But the fact is that there exists a protected specialist teacher in H. S. section. The school come under the corporate Management and as such the teacher enjoying protected post in H. S (Music) is to be absorbed in the vacancy created in the U. P Section on retirement of the existing specialist teacher since the scale of pay of teachers both in U. P and H. S are identical. Further protected teachers working in the corporation Management have to be absorbed in arising vacancies in the schools under the Management. In this case a vacancy arose in the U. P section of the same school itself. As such a post of Music teacher is sanctioned in the U. P section only to absorb the protected Music teacher in the High School Section. In the above circumstances the request for the sanction of a post of Physical Education teacher in U. P. section of the school is hereby rejected. "

(3.) A further revision was filed before the Government and that was also rejected by Ext. P9. Petitioner as the affected teacher also moved the Government and that was also turned down by Ext. P10. It is in these circumstances the writ petition is filed.