RANI GEORGE v. STATE OF KERALA

BY ADVS. GOVERNMENT PLEADER SRI.V.M.KURIAN OTHER PRESENT: SRI BIJOY CHANDRAN , SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19407 OF 2015 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 19407 of 2015 -------------------------------------- Dated this the 10th day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : (i)

Call for the records leading to the issuance of Exhibits P1 Order No. D.Dis/BI/3570/2014 dated 31/07/2014 of the 4th respondent and to quash the same by issuing a Writ of Certiorari or any other Writ, direction or order to the extent it abolishes the post of Physical Education Teacher in St. Thomas High School, Ayroor and directs to retrench the petitioner from service. (ii) Call for the records leading to the issuance of Exhibits P10 order No. R.A2/73957/2014/DPI dated 16/12/2014 of the 2nd respondent and quash the same by issuing a Writ of Certiorari or any other Writ, direction or order. (iii) Call for the records leading to the issuance of Exhibit P15 G.O (Rt) No. 2368/2015/G.Edn dated 16/06/2015 issued by the 1st respondent and quash the same by issuing a Writ of Certiorari or any other Writ, direction or order. (iv) to declare that the petitioner is entitled to be retained as Physical Education Teacher in the St. Thomas High School, Ayroor with all attendant benefits. (v) to issue a writ of Mandamus or other appropriate writ, WP(C) NO. 19407 OF 2015 4 direction or order, commanding the Respondents to permit the petitioner to continue as Physical Education Teacher in the St. Thomas High School, Ayroor with all attendant benefits. (vi) issue such other reliefs as may be prayed for and which this Hon'ble court may deem fit and proper to grant in the circumstances of the case.

[SIC]

When this writ petition came up for consideration on

29.6.2015, this Court passed the following order

Admit. Notice by speed post to respondents 1 and 5. Govt. Pleader takes notice for respondents 2, 3,4 and 5. Post after a month. Counter affidavit, if any, in the meanwhile. There will be an interim direction to the respondents to permit the petitioner to continue as Physical Education Teacher in St. Thomas High School, Ayroor with all attendant benefits, in the meanwhile.

Now, a counter affidavit is filed by the 1st respondent. The relevant portion of the counter affidavit is extracted hereunder : “9. It is submitted that as per GO(P) No.29/16/GEdn. dated

29.01.2016 students teacher ratio is 1:35 for Std.VIII and 1:45 ratio for Std.IX and X. There is admissibility of 3rd division in Std. VIII under 1:35 ratio during 2014-15. But the same has not been sanctioned by the 4th respondent during 2014-15 as per the revised staff fixation order No.B5/1734/16/DDis dated WP(C) NO. 19407 OF 2015 5

13.04.2016. As per GO(P) No. 29/16 one Physical Education Teacher post is admissible in the school during 2014- 15 under the reduced ration 1:35. No appeal has been filed by the 5th respondent against the revised staff fixation order before the 3rd respondent till date. Exts. P1, P10 and P15 orders were issued, strictly observing the Rules under the Kerala Education Rules, 1959 and relevant Government Orders which were in force at that time. As per the interim order dated 29.06.2015 of this Hon'ble Court the petitioner is now working in this school and received salary till date. For the reasons stated above the writ petition may be disposed.”

In the counter, it is stated that based on the interim order, the petitioner worked in the school and the salary also received as on the date of filing the counter affidavit. When the writ petition is filed, the petitioner is aged 52 years. Probably, the petitioner might have been retired from the service. If there is any surviving grievance to the petitioner, the petitioner is free to agitate the same separately. With the above observation, this writ petition is closed recording the counter affidavit. SKS Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 19407 OF 2015 6 APPENDIX OF WP(C) 19407/2015 PETITIONER EXHIBITS P1:-TRUE COPY OF THE ORDER NO D.DIS/BI/3570/2014 DTD 31/7/2014 OF THE 4TH RESPONDENT P2:-TRUE COPY OF THE COPY OF THE COPY OF THE CIRCULAR NO.H.2/35637/2014/2014/DPI DTD 10/7/2014/DPI DTD 10/7/2014 ISSUED BY THE 2ND RESPONDENT P3:-TRUE COPY OF THE CIRCULAR NO M3/41704/99 DPI DTD 9/9/99 P4:-TRUE COPY OF THE WARRANT DTD 10/7/1998 ISSUED BY THE STATE CHIEF COMMISSIONER OF THE KERALA STATE BHARAT SCOUNTS & GUIDES P5:-TRUE COPY OF GO(P)NO 403/2002/G.EDN DTD 4/12/2002 P6:-TRUE COPY OF THE APPEAL DTD 17/8/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT P7:-TRUE COPY OF THE REVIAION PETITION DTD 22/8/2014 FILED BEFORE THE 2ND RESPONDENT P8:-TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT DTD 25/8/2014 IN 21847 OF 2014 P9:-TRUE COPY OF NOTICE OF HEARING OF THE 6TH RESPONDENT P10:-TRUE COPY OF THE ORDER NO R.A2/73957/2014 /DPI DTD 16/12/2014 OF THE 6TH RESPONDENT P11:-TRUE COPY OF THE ENVELOPE ADDRESSED TO THE PETITIONER IN WHICH EXT P10 ORDER WP(C) NO. 19407 OF 2015 7 WAS SEND P12:-TRUE COPY OF THE REVISION PETITION DTD 4/3/2015 SUBMITTED BEFORE THE IST RESPONDENT P13:-TRUE COPY OF THE JUDGMENT DTD 11/3/2015 OF THIS HON'BLE COURT IN WPC NO P14:-TRUE COPY OF THE ARGUMENT NOTES DTD 18/3/2015 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT P15:-TRUE COPY OF GO (RT)NO 2368/2015/G.EDN DTD 16/6/2015 ISSUED BY THE IST RESPONDENT P16:-TRUE COPY OF THE LIST OF PROMOTEES OF CLASS IX FOR THE YEAR 2014-2015 P17:-TRUE COPY OF THE SCHEME OF WORK PREPARED BY THE GOVERNMENT FOR CLASSES 8 TO 10 FOR THE ACADEMIC YEAR 2014-2015 P18:-TRUE COPY OF THE REPRESENTATIO SUBMITTED BY FRANCIS T V AND OTHERS BEFORE THE IST RESPONDENT P19:-TRUE COPY OF STAFF FIXATION ORDER DTD 11/1/2011 FOR THE YEAR 2010-2011 ALONG WITH ORDER DTD 11/10/2011 OF THE 6TH RESPODENT P20:-TRUE COPY OF THE STUDENT STRENGTH OF ST THOMAS, HIGHER SECONDARY SCHOOL, AYROOR FOR THE YEAR 2015-2016 ASCERTAINED ON THE 8/6/2015 P21:-TRUE COPY OF THE LETTER DTD 6/6/2015 OF THE DPI RESPONDENT EXHIBITS EXHIBIT R1(A). TRUE COPY OF GO(P)NO.29/16/G.EDN. DATED WP(C) NO. 19407 OF 2015 8

29.01.2016