IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 OP.No. 17105 of 2002(J) ----------------------- PETITIONER: ------------ K.SASIKALA,HEAD MISTRESS,N.S.S.U.P.SCHOOL, CHUNAKARA. BY ADV. SRI.P.RAVINDRAN (SR.) RESPONDENTS: ------------- 1. THE MANAGER, N.S.S.U.P.SCHOOL,CHUNAKARA. 2. THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.170105/2002/J ORDER ON CMP NO.29105/2002 IN OP NO.17105/2002 DISMISSED SD/- 11.2.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF JUDGMENT IN O.P. NO.11030/98 DATED 16.6.1998. EXT. P2: COPY OF THE ORDER OF THE GOVT. DATED 27.1.2001. EXT. P3: COPY OF THE REPRESENTATION DATED 28.2.2001. EXT. P4: COPY OF THE JUDGMENT IN O.P. NO.8324/2001 DATED 14.6.2001. EXT. P5: COPY OF THE APPOINTMENT ORDER DATED 12.9.2001. EXT. P6: COPY OF THE REPRESENTATION DATED 22.12.2001. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No.17105 of 2002 (J) ======================= Dated this the 11th day of February, 2008 JUDGMENT When a vacancy of headmaster arose in the 1st respondent's school on 1.6.1998, overlooking the claim of the petitioner, one Geethakumari was appointed by the manager to that post. Petitioner challenged the same in appeal which was dismissed. Petitioner's revision was allowed by Ext.P2 order of the Government, whereby the petitioner's claim for appointment to that vacancy was upheld. Petitioner filed an original petition for a direction to implement that order and Smt. Geethakumari filed an original petition challenging that order. This Court, by Ext.P4 judgment, allowed the petitioner's original petition and dismissed the original petition filed by the Smt. Geethakumari, directing that the petitioner be appointed to the said post. Pursuant thereto, Ext.P5 appointment order was issued appointing the petitioner with effect from 12.09.2001 stating that she has to be appointed in the vacancy which arose on reversion O.P. No.17105/2002/J -2- of Smt P.S.Geethakumari. Petitioner is challenging Ext.P5 order, which has been approved by the District Educational Officer to the extent the appointment is only with effect from 12.9.2001. According to the petitioner, since the vacancy arose on 1.6.1998 and petitioner has been diligently prosecuting her claim for appointment to that vacancy which arose on 1.6.1998, she cannot be denied the right to be appointed to that post with effect from the date of occurrence of that vacancy. 2. The learned Government Pleader would support that in so far as by Ext.P5 appointment order, the petitioner was appointed in the vacancy of Geethakumari with effect from 12.09.2001 the claim of the petitioner could not have been approved by the educational authorities with effect from an interior date, which only has been done by approving Ext.P5 appointment order. 3. After hearing both sides, I am satisfied the contention of the Government Pleader cannot be countenanced. Once the petitioner's claim for being appointed to the vacancy which arose on 1.6.1998 has been accepted by this Court, her appointment should have been with effect from that date. If the O.P. No.17105/2002/J -3- manager has not complied with the same, it was the duty of the educational authorities to direct the manager to comply with the orders of the Government and the directions of this Court. Therefore, AEO should have directed the manager to appoint the petitioner with effect from the existence of vacancy before approving the appointment. Therefore, I am of the opinion that petitioner is entitled to succeed in this original petition. In the above circumstances, the original petition is disposed of with the following directions: Within two weeks from the date of receipt of a copy of this judgment, the manager shall forward an appointment order appointing the petitioner as the Headmaster of the 1st respondent's school with effect from 1.6.1998 to the 2nd respondent AEO and on receipt of the same, the 2nd respondent shall approve said appointment within another period of one month from the date of receipt of the same and disburse the of monetary benefits due to the petitioner on the basis of such approval. However, I make it clear it would be open to the government to take appropriate proceedings for recovery of any additional monetary benefits given to the petitioner in this regard O.P. No.17105/2002/J -4- from the manager if he is at fault in not appointing the petitioner with effect from the date of occurrence of the vacancy. The Government Pleader would contend that the petitioner is not entitled to headmaster's scale since she has not completed 15 years of service. I am not expressing any opinion on that point. It is for the parties to agitate such contention appropriately if and when occasion arises. Sd/- S.SIRI JAGAN, JUDGE jp