IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WA.No. 926 of 2009() -------------------- AGAINST THE INTERIM ORDER DATED 2.3.2009 IN WPC.5614/2009 .................... APPELLANT(S)/RESPONDENTS: -------------- 1. THE SECRETAR, CENTRAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER BENNY GERVASIS. RESPONDENT(S)/PETITIONER: --------------- K.K. PONNAMMA, W/O. R.G. JAMES, PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, PALLARIMANGALAM, RESIDING AT KOOMOLLIL(KUTTIKKATTU) KUROOR ;KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI. P.K. IBRAHIM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 926 OF 2009 --------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT Balakrishnan Nair, J. The respondents in W.P.(C) No.5614 of 2009 are the appellants. The respondent herein is the writ petitioner. The appellants have preferred this appeal feeling aggrieved by the direction of the learned Single Judge dated 2.3.2009 directing to promote the respondent/petitioner as Principal, Government Higher Secondary School under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules, 1958. 2. The appellants submitted that the direction to promote the respondent as Principal, Government Higher Secondary School ought not to have been issued by the learned Single Judge and that the only direction that is permissible is a direction to consider her application. The appellants, therefore, prayed for vacating the interim order. 3. Now, it is the common case that the petitioner has already retired from service on 31.3.2009. Her date of birth is in January and, therefore, her date of superannuation is 31.1.2009. Having regard to the vacancy W.A. NO. 926/2009 2 position and the number of qualified hands in the feeder category, if the petitioner's turn arose for promotion before 31.1.2009, she is entitled to be promoted. 4. In view of the above position, the appellants are directed to consider the claim of the respondent for promotion to the post of Principal, Government Higher Secondary School in accordance with law, along with the claim of other similarly placed persons and take a final decision within four months from the date of production of a copy of this judgment. If the respondent is found eligible for promotion to the post of Principal, Government Higher Secondary School, she shall be promoted to that post with effect from the due date and she shall be granted all consequential benefits admissible under law. Her terminal benefits shall also be revised correspondingly. The Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 926/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A NO.926/2009 JUDGMENT 28th May, 2009 W.A. NO. 926/2009 4