The obligation of the petitioner to absorb qualified teachers was not limited to one teacher, and the power given to the respondents under the agreement was available for exercise as and when necessary.

1. R.6(viii) of Chapter V of the Kerala Education Rules requires that every application shall be accompanied by

"an agreement duly executed by the applicant to the effect that he is prepared to absorb qualified teachers/non-teaching staff who, after putting in service of 2 years and drawing 2 vacation salaries, have been retrenched from any of the aided high schools in the Education district or aided primary schools in the Education Sub-district in which the applicant proposes to open/ upgrade the school".

2. Petitioner was an applicant for permission to open a new High School. The first respondent sanctioned his application for the academic year 1984-85 in G.O.Ms.143/84/G. Edn. dated 30-7-1984. The District Educational Officer in Ext.P1 order dated 24-11-1984 accorded formal sanction for opening Standard VIII in the new School with effect from 21-11-1984, "as the Manager has satisfied all the conditions in the G.O. cited as 1st paper above".

3. Petitioner submits, that one of the conditions which he has complied with is the execution of the agreement mentioned in R.6(viii) of Chapter V of the Kerala Education Rules (hereinafter to be referred to as the Rules). He also appointed one Shri. Chellappan Nair, a protected teacher of S. V. C. G. High School, Chirayinkeezhu with effect from 21-11-1984. Petitioner submits, that the third respondent having accorded due compliance with the conditions, including appointment of a protected teacher in Ext.P1 order, it was not open to any of the respondents to require him to appoint another protected teacher in his School. In other words, he submits that he has agreed to appoint only one protected teacher and no more. He submits further that the power given to the respondents under the agreement is exhausted by its first exercise and therefore none of the respondents was competent to direct him to appoint another protected teacher in his school. That is the point to be decided in this Original Petition.

4. A few facts are necessary to understand the controversy involved in this Original Petition. In Ext.P4, G.O.Ms. 231/84/G. Edn. dated 27-10-1984, Government ordered that those teachers who have 15 years of service to their credit should be retained in their parent schools. In Ext.P5 G.O.Ms. 22/85/G. Edn. dated 1-2-1985, Government stated that the cases of those protected hands appointed in the newly sanctioned or upgraded schools will not come under the purview of Ext.P4 order. In Ext.P2 communication dated 16-1-1986, Government found that since Shri. Chellappan Nair had 15 years of service in his parent school, he was entitled to be retained in that school in terms of Ext.P4 order. On receipt of that letter, the Deputy Director of Education issued Ext.P3 order, directing the District Educational Officer to retain Shri. Chellappan Nair in his parent school. He also directed the District Educational Officer to request the petitioner to appoint a protected teacher during 1986-87. Shri. Chellappan Nair had requested that he may either be appointed as Teacher-in-Charge of the petitioner's High School, or may be retained in his parent school. He, however, filed O.P.No.568 of 1986, challenging the direction contained in Ext.P2 letter, to send him back to his parent school. This court disposed of that Original Petition by Ext.P6 judgment. In the light of the fact that Shri. Chellappan Nair was due to retire in March, 1987, within less than a couple of months. Shri. Chellappan Nair, however, had absented from service of the petitioner's school from 1-7-1985 onwards. His leave applications were defective. The District Educational Officer regularised his absence and advised him to report for duty in the petitioner's school. He did not comply. Nor did he receive salary for the period upto 20-10-1986, the date of superannuation as is evident from Ext.P8.

5. In the meantime, the Manager appointed one Shri Thulasidharan Pillai as High School Assistant in the vacancy created by the retirement of S