IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20464 of 2008(J) -------------------------- PETITIONERS: --------------------- 1. E.A.PHILOMINA, W/O. ANTONY P.C., PANIKKASSERY HOUSE, NJARAKKAL. 2. GRACY K.FRANCIS, W/O.K.T.PAUL, KANNAMPUZHA HOUSE, NJARAKKAL. 3. MARIAMMA GEORGE MAMPILLY, W/O.JOSE.S.J., SANKOORIKKAL HOUSE, NJARAKKAL. BY ADV. SRI.HARISH ABRAHAM RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, VYPEEN, ERNAKULAM. 3. THE HEADMISTRESS, ST.MARY'S U.P.SCHOOL, NJARAKKAL. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20464 OF 2008 ............................................................................ Dated this the 11th July, 2008 J U D G M E N T The petitioners are retired Headmistresses of St. Mary's U.P. School, Njarakkal which is an aided school under the management of St. Mary's Educational Agency. It is stated that the first petitioner was Headmistress of St. Mary's U.P. School for the period from 01.04.2002 to 31.03.2003 . The second petitioner worked as Headmistress of the said school for the period from 01.04.2003 to 31.03.2004 and the third petitioner worked as Headmistress for the period from 01.04.2004 to 31.03.2006. 2. It is stated that the appointment of the petitioners as Headmasters were not approved by the Assistant Educational Officer, Vypeen on the ground that appointment of Smt. K.A.Mary was not approved. It is stated that when a vacancy of Headmaster arose in the school with effect from 01.06.2001, the Manager appointed Smt. K.A. Mary as Headmistress., which was challenged by another teacher, K.K. Lalitha on the ground that Mary was not qualified. It is also stated in the Writ Petition that challenging the orders passed by the educational authorities in not granting approval to the appointment of K.A. Mary as Headmistress, the Manager filed W.P.(C) No. 26374 of 2004. K.K. Lalitha also filed Writ Petition No.11114 of 2004 seeking to implement the orders passed by the educational authorities. By Ext.P1 common judgment dated 20.09.2007, this court held that appointment of K.A. Mary is liable to be approved. It is stated that though K.K. Lalitha filed Writ Appeals , no stay was granted and Writ Appeals are pending disposal. It is further stated that as per Ext. P2 order dated 13.02.2008, the Assistant Educational Officer has approved the appointment of Smt. K.A. Mary with effect from 01.06.2001. 3. The grievance of the petitioners is that though the appointment of K.A. Mary W.P.(C) No. 20464 OF 2008 2 is approved, the question of approval of appointment of the petitioners is even now pending before the Assistant Educational Officer. 4. The reliefs prayed for in the Writ Petition are the following: “a) To issue a writ of mandamus or other appropriate writ order or direction, directing the 2nd respondent to approve the appointment of the petitioners as Headmistresses with effect from the respective date of their appointments and to grant all monetary and other benefits without delay. b) to grant such other and further reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.” 5. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The Assistant Educational Officer, Vypeen is directed to consider the proposal for appointment of the petitioners as Headmasters for the respective periods and pass appropriate orders. The order so passed shall be subject to the result of the pending Writ Appeals filed by K.K. Lalitha. ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the Assistant Educational Officer, Vypeen. iii) The Assistant Educational Officer, Vypeen shall dispose of the matter within a period of two months, after affording an opportunity of being heard to the petitioners, the Manager and any other affected person. K.T. SANKARAN, JUDGE. lk