IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WA.No. 2070 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.16577/2010 .................... APPELLANTS: APPELLANTS/3RD PARTY:- ---------------------------------------------------------- 1. P.SACHIDANANDAN,H.S.A(SOCIAL SCIENCE), GOVERNMENT HIGHER SECONDARY SCHOOL,EDAPPAL, MALAPPURAM DISTRICT. 2. V.C.MURALIDHARAN,H.S.A(NATURAL SCIENCE), C.M.GOVERNMENT HIGHER SECONDARY SCHOOL, KUTTUR,THRISSUR DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS: RESPONDENTSL IN THE W.P.(C)AND PETITIONER: ----------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695001. 4. PRINCIPAL,GOVERNMENT HIGHER SECONDARY SCHOOL,KALLIOT,KASARAGOD. 5. K.KARUNAKARAN,HIGHER SECONDARY SCHOOL TEACHER(SOCIOLOGY),GOVERNMENT HIGHER SECONDARY SCHOOL,PERIYE,KASARAGOD. GOVT.PLEADER SMT.T.B.REMANI. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: “ CR” C.N.Ramachandran Nair & Bhabani Prasad Ray, JJ. ==================================== W.A.No.2070 of 2010 ==================================== Dated this the 16th day of March, 2011. JUDGMENT Ramachandran Nair, J. The question raised in the writ appeal and the original petition is one and the same, that is, whether the High School Teachers promoted and posted on transfer basis to Higher Secondary School as teachers could before declaration of probation and confirmation claim posts of Headmaster, A.E.O. and other higher posts to which they were entitled but for the promotion they opted. We have heard counsel for both sides and also Government Pleader for the State and its agencies. 2. On going through the judgment under appeal, we notice that the learned single Judge only followed the Full Bench judgment of this Court and another decision of the Supreme Court wherein it is clearly stated that unless probation is declared and service regularised, the promoted high school assistants cannot be treated as WA2070/2010 -:2:- permanent teachers of Higher Secondary Schools. Both the writ petitioners in the writ petition disposed of by the learned single Judge by the common judgment were not made permanent Higher Secondary School Teachers. Before their regularisation and confirmation as Higher Secondary School Teachers, vacancies arose in the very same high school for the post of Headmaster and also for A.E.O. in the area to which they were eligible by virtue of the seniority list of H.S.As. We do not find any ground to interfere with the judgment of the learned single Judge because, the principle is that until the promoted teacher is confirmed and regularised in the Higher Secondary School, he/she is always free to return to the original cadre, that is, high school again as teacher irrespective of whether it is a voluntary act or on account of failure to complete probation successfully in the Higher Secondary School. In other words, lien and service benefits and eligibility for pormotion and other benefits as H.S.A. will always be available to the Higher Secondary School Teachers going on transfer posting to Higher Secondary Schools until they are regularised and confirmed in such WA2070/2010 -:3:- schools. Admittedly, both the petitioners in the writ petition were found to be not made permanent Higher Secondary School Teachers and consequently learned single Judge found them eligible to claim the higher post to which they were eligible but for the promotion they opted, that is, post of Headmaster in the Higher Secondary School, A.E.O. etc. We, therefore, do not find any merit in this writ appeal. Consequently it is dismissed. C.N.Ramachandran Nair, Judge. Bhabani Prasad Ray, Judge. sl.