M. RAMAKRISHNA MENON Vs. STATE OF KERALA
HIGH COURT OF KERALA
M. Ramakrishna Menon
STATE OF KERALA
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(1.) These writ petitions related to the termination of service of teachers reemployed after their retirement at the then age of superannuation which was 55 -- and / or the directions issued by the Government educational authorities to the Managers of the Schools for such termination. The facts of these writ petitions may be noticed in the order in which they were argued before me. Save where expressly indicated, reference to the parties and to the exhibits, would be as in relation to the writ petition referred to.
1. In O. P. No. 1689 of 1967, the petitioner retired from Government Service 31-3-1965 and was reemployed as Headmaster in the Upper Primary School of which the 3rd respondent is the Manager, by Ext. P1 order dated 30th May 1966. The copy of the appointment order (Ext. P1) produced by the petitioner leaves blank the space to show the period upto which the appointment is to ensure. Ext. P3 dated 1-6-1967 is a copy of the registered notice of the Assistant Educational Officer to the Manager informing the latter that retired and reemployed teachers are not eligible to continue in service after 31-5-1967 and requesting the Manager to relieve such teachers with effect from the forenoon of 1-6-1967 and report the fact. No order of termination has followed.
(2.) The main ground taken in this and in the other writ petitions is that the directions issued by the Educational authorities and the terminations by the Management contravene the notifications issued by the Government of Kerala under the provisions of Chap.21 R.2, sub-r.(22) of the Kerala Education Rules, (K. E. R. for short) a copy of which has been produced as Ext. P2 in this writ petition. For the sake of convenience it will be referred to as Ext. P2 notification in the rest of this judgment. It reads as follows:
GOVERNMENT OF KERALA
Education (J) Department
G. O. (P) No. 214/66 Edn Dated, Trivandrum, 6th May 1966
S. R. O. No. 198/66: Whereas in view of the opening of new schools and additional divisions in existing schools it is found that sufficient number of trained teachers are not likely to be available for appointment in aided schools for the year 1966-1967.
Now, therefore, in exercise of the powers conferred by sub-r.(2) of R.2 in Chap.21 of the Kerala Education R.1959, the Government of Kerala hereby direct that trained teachers who have retired from Government or private schools but have not passed the age of 59 on 1st June 1966 may be appointed as teachers in aided schools for the school year 1966-67, provided that such retired persons may, if necessary be allowed to continue till they complete the age of 60 years without reappointment. Untrained teachers shall be appointed in aided Schools only if trained teachers, new or retired, are not available.
The condition regarding age limit of 59 on the Ist June 1966 shall apply only in the case of fresh appointments. Those who continue may be allowed to remain in service until they complete 60 years of age.
By order of the Governor
K. N. Thankam, Asst. Secretary.
Sub: Education - Appointment of retired teachers in aided schools during 1966-1967
Attention of the Director of Public Instruction is invited to the notification No.GO(P) 214/66 Edn. dated 6-5-1966 which allows reemployment of retired trained hands in aided schools for the school year 1966-1967. Though the notification permits the reemployment of retired trained hands in aided schools, the first preference for appointment as teachers in aided schools should be given to regular trained hands by advertisement of vacancies in approved dailies and by reference to employment exchange and then to retired trained hands. Untrained hands can be appointed only if regular trained hands and retired trained teachers are not available. This will safeguard the interests of the trained hands awaiting employment and at the same time reduce chances of appointment of untrained hands.
The Director of Public Instruction will bring this to the notice of the Managements of aided Schools by issuing necessary circular instructions.
Sd/- Education Secretary
The D. P. I.
The arguments based on the above notification will be considered after noting the facts in the remaining writ petitions.
(3.) O. P. 1728 of 1967 is by the Manager of a High School in Koottungal, Chowghat. By Exts. P1 and P4 communications dated 10-5-1967 and 31-5-1967 from the District Educational Officer, Chowghai, the petitioner was informed that orders have been issued that the service of retired persons of Government and aided schools, reemployed in private schools, are to be dispensed with from the beginning of the academic year 1967-1968. Ext. P1 refers to G. O. (P) 176/67/Fin. dated 4-5-1967, a copy of which is Ext. P2. Ext. P3 is the same as Ext. P2 in O. P. 1689 of 1967. Ext. P5 is a copy of the Minutes of the Conference of the Regional Deputy Directors and the District Educational Officers, held in the office of the Director of Public Instruction on 26th May 1967. The same records that the services of retired persons of Government and aided schools reemployed in private schools are to be dispensed with at the beginning of the academic year 1967-68 and that the Managers and the controlling officers should be told that all these posts should be advertised for qualified hands, and that the retired and reemployed persons should, on no account, be retained. Nothing further has happened in this writ petition in pursuance of Ext. P4.;
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