IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 13512 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ 1. MANAGER, A.M.U.P.SCHOOL, VETTATHOOR P.O., (VIA)MELATTUR, MALAPPURAM DISTRICT. 2. P.K.AHAMMEDKUTTY, HEADMASTER, A.M.U.P.SCHOOL, VETTATHOOR P.O., (VIA) MELATTUR, MALAPPURAM DISTRICT. BY ADVS. MR .K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN MR.T.S.SHYAM PRASANTH RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 2. THE ASST. EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT. GOVERNMENT PLEADER MR.T.B.RAMANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13512/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE INSPECTION REPORT DT. 11.10.07 WITH COVERING LETTER DT. 11.10.07 OF THE 2ND RESPONDENT. P2:- COPY OF THE ORDER NO.K.DIS.A5/2612/08 DT. 12.6.08 ISSUED BY THE D.E.O., WANDOOR. P3:- COPY OF THE ORDER OF APPOINTMENT OF THE 2ND PETITIONER AS PER ORDER NO.K.DIS.C./4222/2007 DT. 4.1.2008 OF THE 2ND RESPONDENT. P4:- COPY OF THE PROCEEDINGS NO.K.DIS.C/1299/2008 DT. 27.3.08 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE PROCEEDINGS DT. 4.4.09 ISSUED BY THE SIT RESPONDENT. P6:- COPY OF THE PROCEEDINGS NO.B1734/2009 DT. 13.4.09 ISSUED 13.4.09 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE PROCEEDINGS NO.1895/09/BILL DT. 25.4.09 ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE REVISION PETITION FILED BY THE IST PETITIONER BEFORE THE IST RESPONDENT ON 28.4.09. P9:- COPY OF THE REVISION PETITION FILED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT ON 28.4.09. ;P10:- COPY OF THE REQUEST SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ON 28.4.09. P11:- COPY OF THE COMMUNICATION NO.C/2001/2009/BILL DT. 6.5.09 ISSUED BY THE 2ND RESPONDENT. P12:- COPY OF THE COMMUNICATION DT. 18.5.09 VIDE NO.C/2124/09 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13512/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The petitioners are the Manager and Headmaster respectively, of A.M.U.P. School, Vettathoor, Malappuram District. The former Headmaster one Shri C.R.Narayana Pillai was suspended from service. The second petitioner was appointed as Headmaster in the suspension vacancy. Approval of appointment was granted with effect from 15/10/2007 as temporary Headmaster till reinstatement of Shri C.R.Narayana Pillai. The copy of the said order is evidenced by Ext.P3. By Ext.P4, the scale of pay attached to the Headmaster was also sanctioned. Even though disciplinary enquiry was over, Shri C.R.Narayana Pillai retired from service on superannuation on 30/11/2008 without being reinstated. Thereafter, the second petitioner claimed appointment on the regular established vacancy, which was granted by the Manager. The second respondent in Ext.P6 took the stand that fresh appointment of Headmaster should be made with effect from 01/04/2009. W.P.(C). No.13512/2009 -:2:- 2. By Ext.P7, the entire salary bills were also withheld. Thereafter, the petitioners filed Exts.P8 and P9 revision petitions before the first respondent Director of Public Instructions. 3. While admitting the writ petition, this Court passed an interim order, on 12/05/2009, directing to sanction and disburse salary bills of the teachers and non-teaching staff of A.M.U.P School, Vettathoor on or before 31/05/2009. That order was complied with by the respondents. Later by order dated 03/06/2009, this Court directed to honour the salary bills for the month of May 2009. 4. Heard the learned counsel for the petitioners and the learned Government Pleader. It is pointed out by the learned Government Pleader that there was a senior claimant, Shri Joseph T.P, who had raised a claim for the post of Headmaster which became vacant on 01/04/2009. 5. Since Exts.P8 and P9 are pending before the first respondent, Director of Public Instructions, there will be a direction to the said respondent to take a decision on Exts.P8 and P9 after hearing the petitioners and any other claimants including Shri T.P.Joseph. The same shall be done within a period of two months from the date of receipt of the copy of this judgment. Till such orders are passed, the salary bills of the teaching and W.P.(C). No.13512/2009 -:3:- non-teaching staff will be honoured. The payment of salary to the second petitioner will be subject to the final outcome of the order to be passed by the Director of Public Instructions. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.)