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Judgment
Justice T.R. Ramachandran Nair
The petitioner who was a Selection Grade Lecturer in Commerce at the time of filing of the writ petition has approached this Court aggrieved by the steps taken to deploy him to a Higher Secondary School.
The petitioner was appointed in S.N.M. College, Maliankara, Ernakulam as Lecturer in Commerce on 06.10.1980 and was promoted as Selection Grade Lecturer on 06.10.1995. The problem arose after the delinking of Pre Degree. In Ext.P1 order, directions have been issued to deploy various teachers including the petitioner whose name is shown as serial No. 31 therein and the name of the school to which he is deployed is Government Vocational Higher Secondary School, Thrikothamangalam, Kottayam.
It is the case of the petitioner that he is not an excess staff and hence his deployment to the Vocational Higher Secondary School in terms of Ext.P1 is totally unnecessary. It is submitted that four teachers are required in the Commerce Department and the petitioner is serial No. 4 therein. This Court while admitting the writ petition granted an interim order of stay on 03.06.2005 and the same has been continuing.
The 4th respondent has filed a statement as directed by this Court. It is averred therein that as a result of delinking of Pre Degree, a number of teachers became excess due to the insufficiency of work load. At the time of fixation of staff strength during 2001-02, seven teachers and one part time Law teacher were working in the Commerce Department whereas the work load was only for four Lecturers and one part time Law Lecturer. The petitioner was in the 6th position. It is averred in paragraph 3 of the statement that later on 31.03.2005 and 31.05.2005, two Lecturers in S.N.M. College, Maliankara retired from service and one Lecturer entered on Leave Without Allowance upto 04.06.2008. Therefore, the strength has been reduced to four teachers and one Part time Lecturer. It is stated that no Lecturers from the Department of Commerce need be deployed till the Lecturer on L.W.A rejoins duty. At the time of rejoining duty of the Lecturer on L.W.A., the junior most Lecturer Smt.Usha will become surplus to be deployed to Vocational Higher Secondary School. Finally it is stated as follows:
In the circumstances the petitioner Sri.K.S.Venugopalan will not be deployed to Vocational Higher Secondary School and hence he can be retained in S.N.M. College, Maliankara.
In the light of the above statement, it is evident that the deployment of the petitioner is not necessary. Hence this writ petition is disposed of recording the statement that the petitioner will not be deployed to Vocational Higher Secondary School pursuant to Ext.P1.