IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 34644 of 2002(Y) ----------------------- PETITIONER: ------------ P.V.UTHUPPU, HEADMASTER, M.S.L.P.SCHOOL, KEERAMPARA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE MANAGER, ST.STEPHEN'S EDUCATIONAL AGENCY, CHELAD, KEERAMPARA P.O. 4. SMT.ANI K.MANGALAM, UPSA, ST.STEPHEN'S GIRLS HIGH SCHOOL, KEERAMPARA. 5. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. BY ADV. SRI.SAIGI JACOB PALATTY GOVERNMENT PLEADR SMT. T.B. REMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 34644 of 2002 ORDER ON C.M.P.NO.58544/02 IN O.P.NO.34644/02 DISMISSED 22.1.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: TRUE COPY OF ORDER OF APPOINTMENT AND APPROVAL ISSUED TO THE PETITIONER BY R2 VIDE ORDER NO.G.4671/94/K.DIS. DATED 31.5.1994. EXT.P2: TRUE COPY OF ORDER NO.2312/99/L.DIS. DTD 16.4.1999 ISSUED BY R2. EXT.P3: TRUE COPY OF ORDER NO.5031/99/K.DIS. DATED 13.9.1999 ISSUED BY R2. EXT.P4: TRUE COPY OF MEMORANDUM OF REVISION FILED BY R3 BEFORE R1 DTD 3.11.1999. EXT.P5: TRUE COPY OF ORDER NO.M73/2002 DTD 1.11.2002 ISSUED BY R3. EXT.P6: TRUE COPY OF JUDGMENT DATED 6.11.2002 IN O.P.NO.32601/02 OF THIS HON'BLE COURT. EXT.P7: TRUE COPY OF ORDER NO.58334/L3/99/EDN. DT.6.11.2002 ISSUED BY R1. EXT.P8: TRUE COPY OF JUDGMENT DTD 10.6.1975 IN O.P.NO.3610/74 OF THIS HON'BLE COURT. EXT.P9: TRUE COPY OF ORDER NO.D.DIS.G.6413/87 DTD 15.7.1987 ISSUED BY R2. EXT.P10: TRUE COPY OF ORDER NO.G.5359/88 DATED 15.7.1988 ISSUED BY R2. EXT.P11: TRUE COPY OF RELINQUISHMENT LETTER GIVEN BY SHRI.E.D. VISHANNAN TO R3 DTD 31.3.1993. EXT.P12: TRUE COPY OF RELINQUISHMENT LETTER GIVEN BY SMT. K.G. MARIAM TO R3 DTD 31.3.1993. EXT.P13: TRUE COPY OF THE RELINQUISHMENT LETTER GIVEN BY SMT. M.K. MARIAM TO R3 DATED 31.3.1993. EXT.P14: TRUE COPY OF RELINQUISHMENT LETTER GIVEN BY SHRI. K.A. ACHAPILLA TO R3 DATED 31.3.1993. EXT.P15: TRUE COPY OF REPRESENTATION SUBMITTED BY PTA, THE MSLPS, KEERAMPARA BEFORE R3. OP.No. 34644 of 2002 EXT.P16: TRUE COPY OF ORDER OF R5 DATED 11.2.2003 DIRECTING R3 TO RE-TRANSFER R4 TO ST.STEPHAN GIRLS' HIGH SCHOOL, KEERAMPARA. EXT.P17: TRUE COPY OF THE ORDER DATED 22.2.2003 ISSUED BY THE DEPUTY DIRECTOR (EDUCATION) TO R5. EXT.P18: TRUE COPY OF G.O.(RT) NO.889/03/G.EDN. DATED 12.3.2003 ISSUED BY R1. 3RD RESPONDENT'S EXHIBITS EXT.R3(a): TRUE COPY OF ORDER DATED 3.1.1999. EXT.R3(b): TRUE COPY OF ORDER DATED 4.12.89. EXT.R3(c): TRUE COPY OF THE LETTER DATED 16.11.92. EXT.R3(d): TRUE COPY OF THE STAFF FIXATION ORDER DT 15.7.92. EXT.R3(e): TRUE COPY OF THE STAFF FIXATION ORDER DATED 15.7.1992. EXT.R3(f): TRUE COPY OF THE STAFF FIXATION ORDER DATED 15.7.94. EXT.R3(g): TRUE COPY OF THE STAFF FIXATION ORDER DTD 12.7.1995. EXT.R3(h): TRUE COPY OF THE STAFF FIXATION ORDER DTD 9.7.1996. EXT.R3(i): TRUE COPY OF THE STAFF FIXATION ORDER DTD 11.7.1997. EXT.R3(j): TRUE COPY OF THE STAFF FIXATION ORDER DTD 14.8.1998. EXT.R3(k): TRUE COPY OF THE STAFF FIXATION ORDER DTD 17.7.99. EXT.R3(l): TRUE COPY OF THE STAFF FIXATION ORDER DTD 31.7.2000. EXT.R3(m): TRUE COPY OF THE STAFF FIXATION ORDER DTD 25.7.2001. EXT.R3(n): TRUE COPY OF THE STAFF FIXATION ORDER DTD 29.7.02. EXT.R3(o): TRUE COPY OF THE PROCEEDINGS TO EVIDENCE DTD 17.10.2002. EXT.R3(p): TRUE COPY OF THE LETTER DATED 09.10.2002. EXT.R3(q): TRUE COPY OF THE ORDER DATED 3.2.2003 NO.6136/2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.34644 OF 2002 ---------------------------------------- Dated this the 22nd day of January, 2008 JUDGMENT The M.S.L.P. School, Keerampara under the educational agency by name St. Stephen's Educational Agency was a School established before coming into force of the Kerala Education Act and Rules. The School has only standards 3 and 4. Under the same educational agency, there is another School by name M.T.L.P. School, which has only standards 1 and 2. There two Schools were sanctioned on 1.6.1959 on the specific condition that M.T.L.P. School shall not apply for standards 3 and 4 and M.S.L.P. School shall not apply for standards 1 and 2. The petitioner was appointed as LPSA in M.S.L.P. School on 1.9.1969. He was appointed as Teacher-in-Charge on 1.4.1993, when the Headmaster's post became vacant, since the petitioner did not have test qualification. He attained the age of 50 years on 3.1.99 thereby becoming exempted from acquiring test qualification and eligible for promotion as Headmaster. Therefore the Manager appointed the petitioner as Headmaster with effect O.P.No.34644/2002 2 from 3.1.99. The said appointment was not approved by the AEO and approval was rejected by Ext.P2 order. The DEO affirmed the same by Ext.P3. The manager's revision was also dismissed by the Government by Ext.P7 order. The petitioner is challenging Exts.P2, P3 and P7 orders. The petitioner's contention is that approval has been denied to the petitioner's promotion as Headmaster only on the ground that the School being an incomplete L.P. School, there is no provision for appointment of a Headmaster. According to the petitioner, there is no provision anywhere in the Kerala Education Rules that an incomplete L.P. School shall not have the post of a Headmaster. According to him, on the other hand, the Act and Rules indicates that every School whether incomplete or complete shall have a Headmaster. 2. The respondents on the other hand would contend that only L.P. Schools having classes in all the four standards are entitled to the post of a Headmaster and if the School is an incomplete L.P. School, there is only provision for Teacher-in- Charge. On these contentions they would support the impugned orders. O.P.No.34644/2002 3 3. I have considered the rival contentions in detail. At the out set I must note that the question of granting of Headmaster's scale to another person working as Headmaster of the M.T.L.P. School, which is also an incomplete School in which the M.S.L.P. School was also referred to was the subject matter of O.P. No.3610/94, in which this Court had recognised the claim of a Headmaster of the School for Headmaster's scale. That being so, there cannot be any doubt that despite the school being an incomplete School there was a post of Headmaster manned by a qualified Headmaster for whom this Court had directed grant of Headmaster's scale. 4. Further Rule 2 of Chapter II of the Kerala Education Rules specifically classifies a Lower Primary School and junior basic school as containing any or all of standards 1 to 4. Therefore a School having classes for only two standards would also be a Lower Primary School. Rule 1 of Chapter XXIII of the KER specifically states that any School, which do not work on shift system there shall be one post of Headmaster. Further Rule 45C of Chapter XIVA recognises the right of the senior most teacher to be appointed as O.P.No.34644/2002 4 Teacher-in-Charge in the absence of a qualified hand to be promoted as a Headmaster. A collective reading of all these provisions would, without any doubt, point out to the fact that even in the case of an incomplete School there shall be a Headmaster. Therefore the reason given in the impugned orders for rejecting approval of the petitioner's appointment as Headmaster that the School being incomplete School there is no sanctioned post of Headmaster, is clearly erroneous. 5. Accordingly, Exts.P2, P3, P7 and P18 orders are quashed. It is declared that the petitioner is entitled to be promoted to the post of Headmaster of M.S.L.P. School with effect from 3.1.1999. 6. During the pendency of the original petition the petitioner retired from service on 31.3.2004. The respondents are therefore directed to approve the appointment of the petitioner as Headmaster of M.S.L.P. School with effect from 3.1.1999. The petitioner's pay shall be fixed in the post of Headmaster accordingly with effect from 3.1.1999. Retirement benefits shall also be revised accordingly. Orders in this regard shall be passed by the 2nd respondent within a O.P.No.34644/2002 5 period of one month from the date of receipt of a copy of this judgment. Arrears of salary and arrears of retirement benefits shall be paid to the petitioner within a further period of one month from the date of passing of orders as above. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE Acd O.P.No.34644/2002 6