SIJIN N.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before this Court praying for setting aside Ext. P8 order of the Government and a direction to pay salary for the period from 1.3.2003 to 31.5.2008, as a Physical Education Teacher in the Upper Primary section of the respondent School. We have to notice the complex facts arising in this writ petition which also has to be considered on the basis of the earlier litigation.

(2.) We will refer to the parties by their names. N.S. Sijin; the appellant herein was appointed as a Physical Education Teacher for U.P. section in the 4th respondent's School on 1.8.2001 as per Ext. P1, which was also approved as on 6.4.2002. In the academic year 2002-03, there was reduction of one post of Specialist Teacher in the High School section. Here, we have to notice that at that point of time, there was a Music Teacher and a Drawing Teacher in the High School section; one K.V. Brinda Kumari and A. Sivan respectively. Brinda Kumari was retrenched, against which she took up proceedings before the statutory authority. The Joint Director of Public Instructions, by Ext. P2, found that in accordance with the staff strength, there could be only one post of Specialist Teacher in the High School section. Sivan, who was another Specialist Teacher in the High School section was found to have not acquired the necessary minimum qualification for being posted as a Specialist Teacher in the High School section, ie; he did not have an SSLC or equivalent qualification. Sivan was a person who was working in the U.P section as a Drawing Teacher, who was shifted to the High School section; in which vacancy Sijin was appointed. Hence, Sivan was directed to be shifted to the UP section as Drawing Teacher and Brinda Kumari allowed to continue in the High School section as Music Teacher. This resulted in the retrenchment of Sijin. KER provided only for one Specialist Teacher in the UP Section.

(3.) Sivan and Sijin both filed writ petitions from the above order. Ext. P5 judgment of the learned Single Judge found that Sivan is entitled to be continued as Specialist Teacher in the High School section on the strength of Rule 1(3) of Chapter XXXI of KER, which provided an exemption from such minimum educational qualification. The learned Single Judge relied on Rani George v. Deputy Director of Education of Education (2004 (1) KLT 460) to find that the Specialist Teachers in the UP section and High School sections can be interchanged and it is the prerogative of the Manager to decide on where the Specialist Teacher is accommodated. The learned Single Judge also relied on the judgment of another Single Bench in Satheeshkumar P v. State of Kerala and others (2009 (3) KLT 439).