K.T. SANKARAN,J.
The question involved in this original petition is whether the Headmaster of a Lower Primary School, which was closed down as 'uneconomical', would be entitled to be taken in as the Headmaster of the Government School in which he was deployed as per the Government Orders in force, ignoring the seniority of teachers in the Government School?
2. The petitioner was appointed as Lower Primary School Assistant (LPSA for short) on 1.6.1988 in AMLP School, Vazhappilly in Thrissur District. He was appointed as Headmaster in that School on 1.4.1990 as per Ext.P1 appointment order dated 31.3.1990 (same as Ext.R1(a)). The appointment order was approved as per the order dated 6.4.1990 with a condition that the petitioner would not be eligible for Headmaster's scale of pay. That condition was imposed, since the petitioner did not have 15 years of continuous service as provided under Rule 1(1) of Chapter XXVI of the Kerala Education Rules, which provides that Headmaster's scale of pay shall be given only if an incumbent has put in a minimum 15 years continuous service as teacher. AMLP School, Vazhappilly was closed down as per the order dated 16.3.2002 passed by the Director of Education.
3. As per the proceedings of the Deputy Director (Education), Thrissur dated 3.4.2002, the petitioner was deputed on work arrangement basis to Corporation L.P. School, Puthurkkara till other arrangements are made. It is stated that the petitioner was deputed as Headmaster in the said school. Later, as per the order dated 18.6.2002 passed by the Deputy Director of Education, Thrissur, the petitioner, along with other protected teachers were deployed to various schools. The petitioner having been deployed to GHS, Pazhayannur with effect from 1.5.2002, he is continuing in service as LPSA in GHS, Pazhayannur.
4. It would appear that the petitioner made a request to the Government to absorb him as Primary School Headmaster. That request was rejected by the Government as per Government Order dated 23.12.2002 on the ground that the past service of the petitioner in the closed down school will not be reckoned for the purpose of seniority. The Government also relied on G.O.(MS) No.302/02/G.Edn. dated 10.10.2002. In that Government Order, it is provided thus:
“5. Sanction is also accorded to the deployment of teachers having more than 5 years service in closed schools under individual Management (list appended) at the available vacancies in Government Schools on a purely temporary basis treating them as protected teachers as per the existing Government Orders in this regard. Their absorption in Government service will be considered in consultation with Kerala Public Service Commission separately.”
The details of the approved protected teachers were appended to G.O.(MS) No.302/2002/G.Edn. dated 10.10.2002 and the name of the petitioner appears therein as item No.17 with respect to Thrissur District. The order dated 23.12.2002 passed by the Government rejecting the request of the petitioner was challenged by him in O.P.No.9478/2003, which was disposed of with liberty to the petitioner to approach the Government and directing the Government to pass appropriate orders in accordance with law. The Government rejected the request of the petitioner again which was challenged by the petitioner in W.P.(C) No.26698/2007. A learned single Judge of this Court set aside the order passed by the Government, mainly on the ground that the officer, who heard the revision filed by the petitioner did not dispose of the case but another officer disposed of the case. Thereafter, the Government passed an order dated 2.7.2009 again rejecting the prayer made by the petitioner. It was held in the Government Order dated 2.7.2009 as follows:
“Accordingly the petitioner has been deployed to Government school as LPSA. The deployment itself is a special benefit granted to the petitioner and the like persons. The method of appointment in aided schools and Government schools are entirely different. There is no rule for reckoning the service in aided school for the purpose of seniority/promotion in Government school. It will adversely affect the senior teachers in Government schools who are awaiting promotion for a long period.”
The order dated 2.7.2009 passed by the Government was challenged in a writ petition filed before this Court, which was transferred to the Kerala Administrative Tribunal after the Tribunal was established. The Kerala Administrative Tribunal dismissed the Transferred Application, which is under challenge in this Original Petition.
5. The learned senior counsel for the petitioner submitted that in similar circumstances, similarly placed teachers were appointed as Headmasters in various Government schools, as evidenced by Exts.P5 to P9 marked before the Kerala Administrative Tribunal.
6. The learned Government Pleader submitted that Exts.P5 to P8 orders were issued with respect to appointments made before G.O.(MS) No.22/85/G.Edn.
Dated 1.2.1985 was issued by the Government. Before the Government Order dated 1.2.1985, G.O.(MS) NO.104/69/Edn. Dated 6.3.1969 was in force, wherein it was provided thus:
“Government, after considering all aspects of the question are pleased to order that the lien of these teachers should be retained under the management of the aided schools in which they were working at the time of retrenchment. But they may be posted on purely working arrangement in the next available vacancies of similar category arising in Government schools in the same educational district. But before posting them on a temporary basis in Government schools, controlling officers will verify that there are no vacancies in the same or other schools belonging to the management under which the teacher was working at the time of retrenchment. In the case of schools under corporate managements which have schools in a region or covering the entire State, the controlling officers should satisfy themselves that there are no vacancies under the corporate managements as a whole to absorb these teachers.”
In G.O.(MS)No.22/1985/ G.Edn. dated 1.2.1985, it was clarified that the benefit of protection as laid down in G.O.
(MS)No.104/69/Edn. Dated 6.3.1969 will be available only to those teachers who enjoyed protection as on 27.10.1984, the date of G.O.(MS) No.231/84/ G.Edn and to those who become eligible for protection till 15.7.1986. In G.O.(MS)No.231/84/G.Edn. dated 27.10.1984, it is provided that all those teachers who enjoy protection as on date or become eligible for protection till 15th July 1986 as per G.O.(MS) No.104/69/Edn. dated 6.3.1969 will be given protection.
7. Ext.P9 was relied on by the petitioner, whereby, similarly situated person was appointed as Headmaster. But, the person, who got the benefit under Ext.P9 was having 23 years of service and that was the reason why he was posted as Primary School Headmaster in the Government School. The petitioner had only about 11 years of actual service at the time when he was deputed to Government school. The Kerala Administrative Tribunal rightly rejected the contention put forward by the petitioner relying on Ext.P9 order.
8. The petitioner was appointed as Headmaster within two years of his appointment in an aided Lower Primary School. That school was closed down on the ground that it was 'uneconomical'. As per the Government Orders then in existence, the petitioner was deputed on work arrangement basis to a Government school purely on temporary basis. In Government schools, the method of appointment is quite different from the method of appointment in aided schools. In aided schools, the Manager would have absolute authority to appoint teachers of his choice as provided in Section 11 of the Kerala Education Act, whereas appointment in Government schools shall be made on the basis of written test and interview conducted by the Kerala Public Service Commission. Protection to the teachers of schools, which were closed down, was given not on the basis of any statutory provision but on the basis of Government Orders issued from time to time. In the Government Orders, it was specifically provided that deployment of protected teachers would be purely on temporary basis and that their service in the aided schools would not be counted for seniority. The appointment of primary Headmasters in Government Schools is regulated by G.O.(MS) No.32/71/S. Edn. Dated 19.3.1971 (Ext.R1(d)), which provides that the method of appointment of Headmasters shall be by promotion from primary school teachers and the unit of appointment will be revenue district. The contention of the petitioner that he must be absorbed as Headmaster in the deployed Government school on the ground that he was working as Headmaster in the closed down aided school, if accepted, would result in denying the benefit of seniority to the regularly appointed teachers in Government schools. It would result in utter chaos in the educational sector. Persons like the petitioner, who were accommodated in Government schools on purely temporary basis cannot be placed in the position of teachers in Government schools, who were appointed on a regular basis by conducting examination by the Public Service Commission. If the contention of the petitioner is accepted, a deployed teacher, who was having lesser service, but who was working as Headmaster in the closed down school, would have to be appointed as Headmaster in the Government school, where he was deployed, even ignoring the seniority of the teachers in the said Government school. This is not what is intended by the Government Orders issued from time to time. The claim put forward by the petitioner is not legal nor just. The Kerala Administrative Tribunal was right in dismissing the Transferred Application.
The Original Petition lacks merits and it is accordingly dismissed.
K.T. SANKARAN, JUDGE.
acd P.D. RAJAN, JUDGE.