IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 31801 of 2008(J) ------------------------------------ PETITIONER(S): ---------------------- DR.K.M.THANKACHAN, AGED 42, S/O.MATHAI, HSST MALAYALAM, HOLY FAMILY HIGHER SECONDARY SCHOOL, RAJAPURAM, KASARAGOD DISTRICT. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTTAYAM, CHAITHANYA PASTORAL CENTRE, THELLAKAM P.O KOTTAYAM. ADV. SRI.JOSE J.MATHAIKAL FOR R4 BY GOVERNMENT PLEADER SRI.T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31801/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 18.8.08. P2:- COPY OF THE LETTER DT. 27.8.08. P3:- COPY OF THE GO(MS) NO.161/04 DT. 14.6.04. P4:- COPY OF THE GO(P) NO.425/08 DT. 20.9.08. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------- W.P.(C) No.31801 OF 2008 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T The petitioner claims to be the senior most HSST of Holy Family HSS Rajapuram, Kasaragod, under the 4th respondent Corporate Manager. It is stated that there was a vacancy of Principal and that the same was filled up by the 4th respondent, by appointing one Smt.Jaseentha N.M. However, the same was declined to be approved, and the Manager has filed appeal against the order, which is pending before the 2nd respondent. 2. It is stated that in view of the pendency of the dispute regarding the appointment of the Principal, the petitioner, being the senior most HSST, was presenting the salary bills to the 3rd respondent since August, 2006 and the same was accepted by the 3rd respondent. It is stated that however since September, 2008, the bills submitted by the W.P.(C) No.31801/2008 -2- petitioner, which include certain arrear claims as well, have not been honored by the 3rd respondent, as a result of which the teachers in the school are not being paid salary since September, 2008. It is stated that the arrears had to be claimed along with the September bill for the reason that by Ext.P4, the Government had imposed a deadline for claiming such arrears, as otherwise, by the end of December, 2008, the same will lapse. It is in these circumstances, the writ petition has been filed praying to direct the 3rd respondent to ensure that the salary bills submitted by the petitioner are honored. 3. The Manager, the 4th respondent, endorses the contentions raised by the petitioner and according to him, the dispute regarding appointment of the Principal is pending disposal of the appeal, and the petitioner was submitting the salary bills to the 3rd respondent and that payment was being made on that basis. However, the learned Government Pleader submitted that the school does not have a Principal as at present. It is stated that in the W.P.(C) No.31801/2008 -3- absence of Principal, the Manager is expected to appoint the senior most teacher as the Principal in-charge and that, it is for the Principal in-charge to submit the bills. It is contended that not only that a Principal in-charge is not appointed, but even a proposal in that behalf has not been submitted by the Manager. It is stated that, if an appropriate proposal is made in this behalf, and the bills are re-submitted, the 3rd respondent will consider the same and do the needful in this matter. 4. From the submissions made by the respective counsel as noticed above, it is evident that the school does not have a Principal presently, and that the dispute concerning the appointment made is pending in appeal. It may be true that the petitioner was submitting the bills, but fact remains that there is no Principal in-charge as at present. In view of this, it is necessary that the Manager shall make necessary arrangement by appointing the senior most teacher as the Principal in-charge. This being an essential requirement, the Manager shall do this W.P.(C) No.31801/2008 -4- immediately. The learned counsel for the Manager undertakes that the same shall be done without any further delay. 5. It is therefore directed that on the Manager appointing the senior most teacher as the Principal in- charge, and making an appropriate proposal to the 3rd respondent, and re-submitting the bills from September, 2008, including the arrear bills, if any, the 3rd respondent shall pass necessary orders in this behalf without any further delay, particularly taking into account the fact that the salary remains unpaid since September, 2008. The writ petition is disposed of as above. 6. Needless to say that the appointment of the Principal in-charge will be a provisional arrangement and will be subject to orders in the appeal, which the manager has filed against the order rejecting approval of appointment of Smt.N.M.Jaseentha as Principal. (ANTONY DOMINIC, JUDGE) jg