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2006 Supreme(Ker) 671

K.A.ABDUL GAFOOR, K.P.BALACHANDRAN
Rakhee S. , H. S. A. (Physical Science) – Appellant
Versus
State of Kerala Rep. By the Secretary to Government – Respondent


Judgment :-

Abdul Gafoor, J

The appellant is the writ petitioner who could not succeed in challenging Ext.P8 Government Order whereby she was identified as the teacher to be retrenched during the academic year 2004-2005, consequent on abolition of one post. Ext.P4 is the Staff Fixation Order for the academic year 2004-2005. As per that order, post sanctioned are as follows:-

Physical Science - 5

Natural Science - 4

Mathematics - 7

Social Studies - 6

English - 7

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TOTAL 29

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2. This was as against 30 against 30 posts available in the previous Year Viz. 2003-2004. The posts sanctioned during that year were as follows:-

Physical Science – 5

Natural Science – 4

Mathematics – 7

Social Studies – 7

English – 7

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TOTAL 30

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3. But the existing strength of physical Science teachers was ‘6’ as against ‘5’ posts required and that for Social Studies was also ‘6’ as against ‘7’ posts. In other subjects there was neither dearth nor excess.

4. During the current year Viz. 2004-2005, one post was reduced in the Social Studies. Necessarily, one teacher had to be retrenched. In Social Studies, on the commencement of the current academic year, there were six posts and six teachers. In Physical













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