IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 4990 of 2010(W) ------------------------- PETITIONER(S): --------------- 1. THE MANAGER, A.M.U.P.SCHOOL, VETTATHOOR.P.O.,(VIA) MELATTUR, MALAPPURAM DIST. 2. P.K.AHAMMEDKUTTY, HEADMASTER,A.M.U.P.SCHOOL, VETTATHOOR.P.O., (VIA) MELATTUR, MALAPPURAM DIST. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.K.JAJU BABU SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): --------------- 1. STATE OF KERALA, SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DIST. 4. SHRI. T.P.JOSEPH, ASSISTANT TEACHER, A.M.U.P.SCHOOL, VETTATHOOR.P.O. (VIA) MELATTUR, MALAPPURAM DIST. ADDL.R5: K.G. PADMANABHAN NAIR, S/O. K.N. GOPALAN NAIR, AGED 51, WORKING AS UP SCHOOL ASSISTANT, AMUP SCHOOL, VETTATHUR P.O., MELTTOOR (VIA) MALAPPURAM (DIST) PIN - 679 326. (ADDL. R5 IMPLEADED AS PER ORDER IN IA 5051/2010 DT. 17.6.2010) R1 TO R3 BY G.P. SMT. M.R. SREELATHA ADV. SRI.R.S.KALKURA FOR R4-5 SRI.HARISH GOPINATH FOR R4-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, ALONG WITH WPC NO. 6340 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 4990/2010 EXT.P1-TRUE COPY OF ORDER DT.4.1.08 EXT.P2-TRUE COPY OF PROCEEDINGS DATED 27.3.2008 EXT.P3-TRUE COPY ORDER DT.30.3.2009 EXT.P4-TRUE COPY OF PROCEEDINGS DAETD 4.4.09 EXT.P5-TRUE COPY OF PROCEEDINGS DT.13.4.09 EXT.P6-TRUE COPY OF ORDER DT.28.8.09 EXT.P7-TRUE COPY OF REVISION PETITION DT.23.9.09 EXT.P8-TRUE COPY OF JUDGMENT DT.30.9.09 EXT.P9-TRUE COPY OF GO DATED 27.1.2010 EXT.P10-TRUE COPY OF MEMO DATED 2.2.2010 EXT.P11-TRUE COPY OF ORDER DATED 12.5.09 IN WPC 13512/09 EXT.P12-TRUE COPY OF ORDER DATED 3.6.09 IN WPC 13512/-9 AND IA 5784/09 EXT.P13-TRUE COPY OF JUDGMENT IN WPC 13512/09 EXT.P14-TRUE COPY OF ORDER DATED 28.7.09 IN CCC 827/09 EXT.P15-TRUE COPY OF ORDER DATED 10.8.09 IN CCC 827/09 EXT.P16-TRUE COPY OF NOTICE ISSUED BY NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 29.9.09 EXT.P17-TRUE COPY OF JUDGMENT DT.9.4.2010 IN WPC 10240/09 EXT.P18-TRUE COPY OF LETTER DATED 19.6.2010 EXT.P19-TRUE COPY OF ORDER DATED 8.10.2010 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4990/2010-W & 6340/2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011. JUDGMENT The contesting parties in both the writ petitions are before this Court in the light of a dispute with regard to the date of occurrence of vacancy to the post of Headmaster. 2. One Shri Naryana Pillai who was the former Headmaster, was suspended from service on 15.10.2007. In W.P.(C) No.4990/2010 the second petitioner is the person who has been appointed in the vacancy consequent on the suspension of Shri Narayana Pillai. It is stated that the appointment was made on a temporary basis. W.P.(C) No.6340/2010 is filed by another claimant for promotion. The petitioner and additional 6th respondent therein are teachers of the school who are claiming appointment to the post of Headmaster from 31.3.2009. Their claim arises only if the Headmaster then under suspension, viz. Shri Narayana Pillai was allowed to retire from service from that date. 3. With regard to the disciplinary proceedings against the Headmaster who was under suspension, this Court had disposed of a writ petition filed by him, viz. W.P.(C) No.10285/2009. The judgment in the wpc 4990/2010 & 6340/2010 2 said writ petition has been produced as Ext.P17 in W.P.(C) No.4990/2010. It was disposed of along with other connected matters, in the following manner: “Therefore, the writ petitions are disposed of with the following directions:- As submitted by the petitioner in W.P.(C) No.10285/2009, he will be allowed to retire from service with effect from 15.10.2007. The disciplinary proceedings against him will be dropped. The respondents will disburse the retirement benefits treating that the petitioner in W.P.(C) No.10285/2009 has retired from service with effect from 15.10.2007. The impugned orders passed by the various authorities will stand modified to that extent. Efforts will be taken to disburse the retirement benefits immediately subject to liabilities, if any. The Contempt of Court Case No.827/2009 is disposed of recording the interim orders passed.” 4. In the light of the above, the then Headmaster was allowed to retire from service on 15.10.2007. Learned counsel for the petitioners in W.P.(C) No.4990/2010 submitted that the pensionary benefits have been sanctioned to him already in the light of the above judgment. 5. Even though the petitioner in W.P.(C) No.6340/2010 had filed a review petition, R.P.No.168/2011, that also stands dismissed by this Court. Evidently, the claim of the petitioner in W.P.(C) No.6340/2010 need be considered only if the vacancy actually had arisen on 31.3.2009. Now wpc 4990/2010 & 6340/2010 3 that the then Headmaster was allowed to retire on 15.10.2007, the petitioner in the said writ petition cannot claim that post, in the vacancy which arose on 15.10.2007. 6. Learned counsel for the petitioner in W.P.(C) No.6340/2010 submitted that in the light of Ext.P17 judgment produced in W.P.(C) NO.4990/2010, W.P.(C) No.6340/2010 can be closed. Accordingly, the same is closed. 7. What remains is the consideration of the grant of approval of the second petitioner in W.P.(C) No.4990/2010 as Headmaster from 15.10.2007. The challenge in the writ petition is against Ext.P9 order. Now, in the light of Ext.P17 judgment produced in W.P.(C) No.4990/2010, the directions issued in the said judgment will govern. Hence, Ext.P9 cannot survive in the light of subsequent events and the same is quashed. 8. In that view of the matter, there will be a direction to the Asst. Educational Officer to consider the grant of approval of appointment of the second petitioner as Headmaster on a regular basis from 15.10.2007 and appropriate orders will be passed within two months from the date of receipt of a copy of this judgment. The first petitioner Manager will forward a proposal, if not already done, to the Asst. Educational Officer, wpc 4990/2010 & 6340/2010 4 viz. the third respondent herein. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/