IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WA.No. 709 of 2009() -------------------- AGAINST THE ORDER IN WPC.36844/2008 Dated 26/02/2009 .................... APPELLANT(S): RESPONDENTS IN THE WPC ------------------------------------ 1. STATE OF KERALA REP.BY SECRETARY TO HIGHER SECONDARY EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR,HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, TRIVANDRUM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT: PETITIONER IN THE WPC ------------------------------------ A.K.RADHAKRISHNAN NAIR,HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL FOR GIRLS, BALUSSERY, KOZHIKODE DISTRICT. ADV. SRI.P.K.SURESH KUMAR SRI.R.K.MURALEEDHARAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO. 709 OF 2009 ----------------------------------------- Dated 31st March, 2009. JUDGMENT Balakrishnan Nair, J. This Writ Appeal is filed against an interim order passed by the learned Single Judge, directing to promote the respondent/writ petitioner to the post of Principal of Government Higher Secondary School, in the quota earmarked for appointment by transfer of Headmasters. While admitting the Writ Appeal, this Court granted interim stay of that order. Now, the learned counsel for the respondent submitted that the respondent is retiring today. In view of the above development, the Writ Appeal is closed. But, it is declared that if the respondent is found eligible for promotion before he reached the age of superannuation, that is the last day of the month in which he attained the age of 55 years, he shall be promoted to that post with retrospective effect and shall be granted all service benefits, including WA 709/2009 2 arrears of salary. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/