RANI GEORGE Vs. DEPUTY DIRECTOR OF EDUCATION
LAWS(KER)-2003-12-137
HIGH COURT OF KERALA
Decided on December 18,2003

RANI GEORGE Appellant
VERSUS
DEPUTY DIRECTOR OF EDUCATION Respondents

JUDGEMENT

- (1.) Are the posts of specialist teachers in the Upper Primary and High School Sections run by the same educational agency in the same district interchangeable Is it open to a senior Physical Education Teacher working in a U.P. Section to contend that he/she shall be posted in the High School after transferring his/her junior working in the High School to the U.P. Section These are the questions referred to this Bench for decision. The facts of all these cases are almost similar. O.P. 24342 of 2002:
(2.) The petitioner is working as a Physical Education Teacher (P.E. Teacher for short) in the High School Section of the third respondent. She worked as a Physical Education Teacher from 13.1.1986 to 31.3.1986 and thereafter from 2.6.1986 onwards in the High School Section regularly. Her services were approved by the department. The 4th respondent was appointed as a P.E. Teacher in the U.P. School run by the third respondent in the same district on 1.1.1970. On 15.3.2002 the first respondent issued Ext. P2 order directing the third respondent to shift the 4th respondent from U.P. School to the High School and post him at High School after transferring the petitioner to the U.P. School.
(3.) The petitioner filed the Original Petition challenging that direction. It was contended that the order was passed without hearing her. It was averred that the post of P.E. Teacher in U.P. Section and High School Section are different categories and not interchangeable. It was also averred that there is no rule in the Kerala Education Rules which confers power on the educational agency or Manager to shift the post of specialist teacher from U.P. Section to High School Section or vice versa. It was further contended that post of P.E. Teacher in the High School Section is not a promotion post of the P.E. Teacher working in the U.P. Section as the scale of pay is the same. It was also averred that U.P. Section and High School are different units and posts of specialist teachers of U.P. Section and High School Section are treated as different grades or category. Hence, the Original Petition to quash Ext. P2 and for a declaration that the petitioner is entitled to continue in the regular post of Physical Education Teacher in the High School Section and the 4th respondent is entitled to continue only in the U.P. School.;


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