IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WA.No. 158 of 2006() -------------------- AGAINST THE JUDGEMENT IN WPC.16598/2002 Dated 21/10/2005 .................... APPELLANT: PETITIONER IN THE WPC: ----------------------------------------------------------- BHAVAM AMMA, AGED 62 YEARS, RETIRED H.M., S.N.V.S.H.S. THRIKARUVA, KOLLAM, RESIDING AT `GOPIKA', KOTTAKKAKOM, PERINAD P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: RESPONDENTS IN THE WP(C): ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. THE MANAGER, S.N.V.S.H.S., THRIKKARUVA, KOLLAM. BY GOVERNMENT PLEADER SRI. K.SANDESH RAJA – R1 TO R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.158 of 2006 ===================== Dated this the 5th day of June, 2008. JUDGMENT Koshy,J. The petitioner was promoted as Headmistress with effect from 30.7.1996. There was inter-se seniority dispute between two teachers. The post fell vacant on 1.4.1996. The petitioner was able to take charge only on 30.10.1996. The Government gave notional promotion to the petitioner with effect from 1.4.1996, the date when the vacancy arose. But it is stated that she will get monetary benefits only from the date on which she was actually promoted. There was change in duty. Considering the decision of this Court in Sucheendran v. State of Kerala - 2005(3) K.L.T. 499 and in various decisions under Rules 23(a) and 23(c) of Part I of K.S.R. and also the decision of the Supreme Court in A.K.Soumini v. State Bank of Travancore and another - A.I.R. 2003 S.C. 3137, the learned single Judge upheld the decision of the Government that she will be entitled to WA 158/06 -: 2 :- only notional promotion with effect from 1.4.1996 and she will get her salary for the new post only from the date she assumed duty on 30.10.1996. We make it clear that her other service benefits have to be calculated from the date of her notional promotion on 1.4.1996. Re-option has to be accepted accordingly. The Writ Appeal is disposed of with the above clarifications. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 6/6