IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 30515 of 2003(G) -------------------------- PETITIONER: ------------ P.N.SREEDHARAN, PUTHIYA PURAYIL- VALLAYAYI, P.O. PATHAYAKUNNU, VIA-TELLICHERRY, KANNUR DISTRICT BY ADV. SMT.VANAJA MADHAVAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARHY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHOKLI P.O., CHAMPAD, CANANORE DISTRICT-PIN670694 3. THE MANAGER, CHAMPAD-PODIKKALAM L.P. SCHOOL, CHOKLI SUB DISTRICT, TELLICHERRY P.O., CHAMPAD, CANNANORE DISTRICT, PIN 670694 BY GOVERNMENT PLEADER SHRI.T.T.MUHAMOOD SRI.N.MADHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 30515/2003. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER OF R2 DTD.1.4.97. P2. COPY OF THE APPEAL TO E.E.O. DTD.16.1.2001 BY THE MANAGER. P3. COPY OF THE ORDER -DO- 23.6.01. P4. COPY OF THE REPRESENTATION DTD.17.7.02. P5. COPY OF THE LETTER DTD.25.8.03 BY R1. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.30515 of 2003 ================== Dated this the 7th day of April, 2008 J U D G M E N T The petitioner joined the service of the 3rd respondent school, which is an aided school, as a L.P.S.A. on 1.6.1981. On 31.3.1997, a vacancy of Headmaster arose in that school. The petitioner was the senior most teacher of the school, although he had not passed the obligatory account test at that time. Originally the manager appointed the petitioner as the teacher- in-charge, which was approved by the AEO. Later on, realising that under Rule 45C of Chapter XIV-A of the the KER, the petitioner was entitled to be promoted temporarily as Headmaster, the manager forwarded a fresh appointment order promoting the petitioner as Headmaster (Temporary). Originally the AEO refused to approve the same. However, on appeal filed by the manager, by Ext.P3 order, the District Educational Officer held that the petitioner was eligible to be appointed as Headmaster (Temporary) and also eligible for Headmaster's scale with effect from 1.4.1997. However, that order was not w.p.c.30515/03 2 implemented. The petitioner filed Ext.P4 representation dated 17.7.2002 before the Government seeking appropriate orders. By that time, on 6.1.2000 the petitioner acquired the test qualification also. By Ext.P5 order, the Government refused to allow the petitioner's claim for temporary promotion as Headmaster and headmaster's scale upto 6.1.2000 and held that the petitioner's appointment as Headmaster is approved only with effect from 7.1.2000 after he became test qualified. The petitioner is challenging Ext.P5 and seeking the following reliefs: “(a) Call for the records leading to Exhibit P5 order and to issue a writ of certiorari or any other order or direction and to quash the same. (b) to issue a writ of Mandamus or any other writ, order or direction directing respondent Nos.1 and 2 to pay the scale of Headmaster to the petitioner w.e.f. 1.4.1997 to 6.1.2000. (c) to declare that the petitioner is entitled to be promoted as H.M. (temporary) w.e.f. 1.4.1997 to 6.1.2000.” 2. The contention of the petitioner is that by virtue of Rule 45C of Chapter XIV-A of the KER, since no other qualified teacher is available to be promoted as headmaster in the school, the petitioner was entitled to be promoted as Headmaster (Temporary). The petitioner further submits that this court had in Radha v. Dy. Director of Education [2004 (3) KLT 206] held w.p.c.30515/03 3 that such temporary headmasters are entitled for headmaster's scale also. 3. The learned Government Pleader on the basis of the counter affidavit would try to support Ext.P5 order. 4. I have considered the rival contentions in detail. 5. Rule 45C does not admit of any doubt that when there is is no qualified teacher available in the school, the seniormost teacher on the staff of the school is entitled to be appointed as Headmaster temporarily. By virtue of the decision in Radha's case (supra) such temporary headmasters are entitled to headmaster's scale also. Therefore, naturally the petitioner has become entitled to be approved as Headmaster (Temporary) with effect from 1.4.1997 as also for headmaster's scale with effect from that day. Accordingly, this writ petition is disposed of as follows: The 3rd respondent manager shall forward a fresh appointment order promoting the petitioner as Headmaster (temporary) with effect from 1.4.1997 to the 2nd respondent Assistant Educational Officer within two weeks from the date of receipt of a copy of this judgment. On receipt of the same, the w.p.c.30515/03 4 AEO shall approve the same within a period of another two weeks and forward that order to the manager. The Assistant Educational Officer shall also sanction headmaster's scale to the petitioner with effect from 1.4.1997. On receipt of the order from the AEO, the Headmaster of the school shall submit bills for payment of salary to the petitioner in the headmaster's scale with arrears within another two weeks therefrom. The 2nd respondent shall see that arrears of salary due to the petitioner are paid within two moths from the date of receipt of the bills. The retirement benefits of the petitioner shall also be computed accordingly and arrears paid within the said time. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30515/03 5