IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WA.No. 726 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.5332/2006 Dated 04/01/2010 .................... APPELLANT/5TH RESPONDENT ---------------------------- K.S.AISHAKUMARI,W/O.SHAJI,AGED 55 YEARS, HEADMISTRESS(SHOWN AS HSA (MATHS) A.K.M.HIGH SCHOOL, POYYA,THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4 AND 6 ------------------------------------------------------ 1. SRI.P.M.ARAVINDAKSHAN,H.S.A.(SANSKRIT), A.K.M.HIGH SCHOOL, POYYA, THRISSUR DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE D.E.O.,IRINJALAKUDA. 4. THE DEPUTY DIRECTOR(EDUCATION) OFFICE OF THE DEPUTY DIRECTOR, COLLECTORATE, THRISSUR. 5. THE MANAGER,.A.K.M.H.SCHOOL, POYYA, THRISSUR. 6. SRI.P.P.SEBASTIAN,AGED 47 YEARS, S/O.LATE PAUL, POOVATHUKARAN,THAZHEKADU PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY ADV. SRI.K.B.GANESH R2 TO R4 BY G.P. SMT.T.B.RAMANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.726 of 2010 .................................................................... Dated this the 19th day of May, 2010. JUDGMENT Ramachandran Nair, J. The appellant was promoted as Headmaster in the year 2004 and he retired as such in the year 2009. However, on a Writ Petition filed by the first respondent, another teacher in the very same school, a learned Single Judge of this court through the impugned judgment held that appellant was not entitled to be promoted to the Headmaster post, which the first respondent was entitled to get. A declaration is seen made by the learned Single Judge based on Full Bench judgment. However, the court has not moulded the consequent relative reliefs to the appellant or to the first respondent. Therefore, we feel appellant does not have a grievance as of now because he is a retired Headmaster drawing pension eligible to him. If appellant is called upon to repay any amount received by him towards salary or benefits as Headmaster of the school or is put to any restriction in regard to pension on account of the judgment, then we feel such order could be challenged by the 2 appellant before this court. However, since the impugned judgment of the learned Single Judge is based on Full Bench judgment, we do not want to interfere with the judgment. Consequently Writ Appeal is closed with a specific observation that if any adverse action is proposed against the appellant, it should be on sound basis and appellant will be free to challenge the same. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms