IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 OP.No. 21109 of 2001(K) ----------------------- PETITIONER: ------------ T.P.PURUSHOTHAMAN, PRIMARY DEPARTMENT TEACHER, POLLUR NORTH L.P. SCHOOL, KOZHIKODE - 673 571. BY ADV. SRI.SABU GEORGE RESPONDENTS: ------------- 1) P.BHASKARAN, MEPPAYIL HOUSE, P.O.PARAMBIL, KOZHIKODE-673 012, MANAGER, POLLUR NORTH A.L.P. SCHOOL. 2) ASSISTANT EDUCTIONAL OFFICER, KUNNAMANGALAM, KARAMTHOOR P.O., KUNNAMANGALAM KOZHIKODE DISTRICT, PIN - 673 571. 3) DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4) GOVT. OF KERALA REP. BY SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.T.G.RAJENDRAN SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.21109/2001/K -2- ORDER ON CMP NO.34309/2001 IN 21109/2001 DISMISSED SD/- 19.2.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE ORDER DATED 30.06.2000 G.O.(RT) NO.2649/2000/G.EDN. EXT. P2: COPY OF A CORRECTION ISSUED TO P1 DATED 01.09.2000 NO.G.O. (RT) .3670/2000/G.EDN. EXT. P3: COPY OF THE JUDGMENT IN OP NO.21431 OF 2000-B DATED 16.12.2000 IN THE HIGH COURT OF KERALA AT ERNAKULAM. EXT. P4: COPY OF THE ORDER DATED 26.3.2001 NO.K.DIS.2736/99/D. EXT. P5: COPY OF THE APPLICATION DATED 24/11/1995 AND THE ORDER PASSED THEREON ON 25/11/1995. EXT. P6: COPY OF THE ORDER DATED 28.4.1999. EXT. P7: COPY OF THE LETTER DATED 15.07.1999 TO THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT. EXT. P8: COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM DATED 31/07/1995 NO.D.DIS.4285/95/D. EXT. P9: COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM DATED 14.07.2000 NO.D.DIS.3312/2000- D2. EXT. P10: COPY OF THE REPRESENTATION DATED 02.07.2001 TO THE MANAGER, BY THE RESPONDENT. EXT. P11: COPY OF THE REPRESENTATION TO THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 14.05.2001. EXT. P12: COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 18.12.2001. EXT. P13: COPY OF THE REPRESENTATION DATED 11.01.2002 SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE S.SIRI JAGAN, J. ======================= O.P. No. 21109 of 2001 (K) ======================= Dated this the 19th day of February, 2008 JUDGMENT While the petitioner was working as a senior most teacher of the Pollur, North A.L.P. School, the Headmaster of the school retired from service on 31.3.1995. As the senior most teacher of the school, from 1.4.1995 onwards, the petitioner was discharging the duties of the Headmaster. The then manger of the school did not take steps to appoint the petitioner as the Headmaster. While so, on 6.5.1995 the manager passed away. Thereafter there was a dispute among the members of the educational agency as to who is entitled to be appointed as the manager. The dispute dragged on and no manager was appointed. Ultimately, by Ext.P1 order, the Government appointed the AEO as the manager of the school on 30.6.2000. This was challenged by the 1st respondent, who was claiming to be the manager of the school and this Court by Ext.P3 judgment directed consideration of the claim of the 1st respondent. By O.P. No. 21109/2001/K -2- Ext.P4 order, the AEO approved the 1st respondent as the manager of the school. By Ext.P5 order, the petitioner requested the AEO for approving the petitioner as the Headmaster of the school. However, instead of taking steps, the AEO by order dated 25.11.95 directed the petitioner to explain as to why even though the Headmaster's post vacant with effect from 1.4.1995, he did not take any effort to get himself appointed as the Headmaster. By Ext.P6 order, the Deputy Director of Education rejected the petitioner's application for approval as Headmaster with effect from 1.4.1995. Subsequently, the present manager namely, the 1st respondent, by Ext.P12 order dated 1.4.2001, appointed the petitioner as the Headmaster of the school with effect from 1.4.2001 which was approved by the AEO. The petitioner thereafter filed several representations seeking approval as headmaster with effect from 1.4.1995. While so, he retired from service on 31.5.2002. The petitioner now seeks a direction to the respondents to appoint the petitioner as headmaster from 1.4.1995 and to approve such appointment, as also to disburse the monetary benefits due to him as Headmaster from 1.4.1995. O.P. No. 21109/2001/K -3- 2. The petitioner's contention is that since it was not because of any fault of his that he was not appointed as headmaster with effect from 1.4.1995 and he was fully qualified as promoted as Headmaster, he should be given all benefits of Headmaster by appointing him and approving as Headmaster with retrospective effect from 1.4.1995. 3. The learned Government Pleader would oppose the prayer. According to him, the educational authorities are not in any way responsible for the imbroglio in the school and only because of the management dispute existing, the petitioner could not be appointed and approved as Headmaster. He would submit that as and when the manager appointed the petitioner as headmaster, the same was duly approved by the AEO also. Therefore, the Government Pleader would argue the petitioner is not entitled to the reliefs prayed for in this original petition. 4. I have considered the rival contentions in detail. The eligibility and right of the petitioner to be promoted as Headmaster with effect from 1.4.1995 is not disputed before me. It is also in evidence that the petitioner has filed representations before the authorities concerned for appointing him as O.P. No. 21109/2001/K -4- Headmaster from 1.4.1995 onwards. The qualification of the petitioner for appointment as Headmaster and the fact that the petitioner was the senior most teacher eligible for promotion are also not disputed. It is also not disputed before me that from 1.4.1995 onwards petitioner had been discharging the duties of the Headmaster until he retired on 31.5.2002. In such circumstances, it defies logic as to why petitioner could not have been recognised and approved as a Headmaster of the school with effect from 1.4.1995. The management dispute cannot defeat the right of the petitioner to get promotion when it was due to him. Only because the school functioned without a manger for long years that he could not be appointed by the manager as the Headmaster. The petitioner cannot be allowed to suffer because of mistakes on the part of others. Therefore, I am not satisfied that he is eligible to be appointed and approved as a headmaster with all monetary benefits due with effect from 1.4.1995. Accordingly, the original petition is disposed of as follows: The 1st respondent manager shall issue an appointment order appointing the petitioner as the headmaster of the school O.P. No. 21109/2001/K -5- with effect from 1.4.1995 within two weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 2nd respondent AEO shall approve such appointment and within a further period of one month therefrom. On such approval, the present Headmaster of the school shall forward the bill for arrears of salary and allowances due to the petitioner within two weeks from the date of receipt of the order of approval, on receipt of which, the AEO shall take steps to disburse all monetary benefits due to the petitioner within another one month therefrom. Sd/- S.SIRI JAGAN, JUDGE jp /TRUE COPY/ P.A. TO JUDGE