IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 16271 of 2009(D) ---------------------------------------- PETITIONER(S): ------------------------ T.PADMACHANDRAN,PRINCIPAL, DVM NNM HSS, MARANALLOR, NEYYATTINKARA. BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE BY ADVS.PAUL ABRAHAM VAKKANAL MR.BIJIMON C.CHERIAN MR.DIJO SEBASTIAN MR.SABU JOSE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, TRIVANDRUM-1. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPALLY, ERNAKULAM. BY SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16271 OF 2009 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioner is working as Principal of DVM NNM Higher Secondary School, Maranalloor, Neyyattinkara. The service particulars of the petitioner show that he was originally appointed as U.P.S.A in the school on 02.01.1986 and was promoted as H.S.A with effect from 15.07.1988. After the school was upgraded as Higher Secondary School, he was appointed by transfer as H.S.S.T (English) with effect from 07.08.2000, which was approved as per Exhibit P1. While so, he was promoted as Principal of the Higher Secondary School as per order dated 31.05.2001 (Exhibit P2). This promotion was made in the retirement vacancy of the Principal. 2. The main prayer in the writ petition is for a direction to respondents to grant approval and all benefits as Principal to the petitioner from 01.06.2001 in the light of the Full Bench decision of this Court in Aided Higher Secondary School Teacher's W.P.(C) No.16271/2009 2 Association vs. State of Kerala (2005 (1) KLT 94) and Exhibit P8 judgment rendered by this Court in another writ petition. The petitioner is claiming the said benefit in the light of the fact that Special Rules under Chapter XXXII of Kerala Education Rules laying down the method of appointment and qualifications of teachers was not in force when he was appointed as Principal. 3. It is submitted that going by the decision of the Full Bench of this Court in Aided Higher Secondary School Teacher's Association vs. State of Kerala (2005 (1) KLT 94), the persons who have been promoted and who had necessary qualifications were entitled to be confirmed as such from the date of their promotion. It is therefore, submitted that the petitioner is entitled for the benefits by treating that he has been duly promoted with effect from 01.06.2001. My attention is invited to Exhibit P8 judgment of this Court passed in similar circumstances also. 4. The petitioner has already moved the first respondent by filing Exhibit P7 representation, and Exhibit P9 is the reminder to W.P.(C) No.16271/2009 3 the same. The petitioner seeks for a direction to the Government to take a decision on Exhibits P7 and P9 in the light of the decision of the Full Bench referred to above as well as the directions issued in Exhibit P8 judgment. There will be a direction to the first respondent to take a decision on Exhibits P7 and P9, after hearing the petitioner, in the light of the Full Bench decision in Aided Higher Secondary School Teacher's Association vs. State of Kerala (2005 (1) KLT 94) and the findings rendered by this Court in Exhibit P8 judgment. Appropriate orders shall be passed within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp