P.G.VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs

(2.) The brief material facts for the disposal of this writ petition are as follows: Petitioner is presently working as Physical Education Teacher (High School) under the 5 th respondent Corporate Management. Petitioner is appointed with effect from 1.1.1992 and the said appointment was approved by the Department and was working as Physical Education Teacher (High School) MSSHS Thazhakkara till recently. However, pursuant to the staff fixation order in respect of the academic year 2018-19, the post of the physical Education (HS) was abolished and the 4th respondent directed the Corporate Manager to shift the petitioner to another established vacancy under the Management and to post the junior most Physical Education Teacher (HS) to MSSHS Thazhakkara by availing the benefit of protection granted by the Government. An appeal was preferred before the 3rd respondent, but it was rejected as per Ext.P3 on the ground that the 5th respondent has not submitted a declaration in accordance with Ext.P3 Government Order to enable the petitioner to continue as Physical Education Teacher (HS) at MSSHS Thazhakkara. Therefore, According to the petitioner, the said contention raised by the 3rd respondent and the denial of permission to the petitioner to continue as Physical Education Teacher (HS) in accordance with Ext.P3 Government Order is higher arbitrary and illegal.

(3.) I have heard learned Counsel for the petitioner and the learned Senior Government Pleader