SATHEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) An interpretation of R.6(4) of Chap.XXIII KER and its provisos arises for decision in this case.

(2.) The petitioner was appointed by the Manager of the Palora Higher Secondary School, the 6th respondent herein as a Drawing Teacher with effect from 05/06/2000. He is appointed in a vacancy which arose consequent to the retirement of one Shri S. Reghuvaran, on 31/05/2000. In the staff fixation order of the year 2000-2001, Ext. P1, the post was abolished for want of periods. Ext. P1 is the said order.

(3.) Appeals and revisions filed by the Manager as well as by the petitioner against the same were rejected by the Deputy Director of Education, Director of Public Instruction and then by the Government as per Exts. P2 to P4 orders. In fact, these were rejected based on Ext. P5 order passed by the Government dated 28/10/1995. Substantially the view taken is that as there is a Music Teacher in the school, no second post in the Art Group, viz. Drawing Teacher could be sanctioned. And such sanction can be accorded only if the periods exceed 25. By Ext. P6 judgment, this Court allowed the writ petition filed by the petitioner and the 6th respondent Manager, wherein it was held that without amending the statutory rules, Ext. P5 Government Order cannot be enforced. Accordingly, the District Educational Officer was directed to reconsider the question of retention of the post of Drawing Teacher in the school. The Writ Appeal filed by the State against Ext. P6 judgment, was also dismissed as per Ext. P7 judgment.