IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 11974 of 2010(V) --------------------------------------- PETITIONER(S): ----------------------- MATHEW P.THOMAS, PULIYODIL HOUSE, E.S.M.COLONY, KULATHOOPUZHA.P.O, KOLLAM DISTRICT, PIN-691310. BY ADVS. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): ------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL, ANCHAL.P.O, KOLLAM DISTRICT. 2. THE CORPORATE MANAGER, C.M.S.SCHOOLS, DIOCESE OF MADHYA KERALA, KOTTAYAM. 3. MRS.C.AMMINI, U.P.S.A.(TEACHER IN CHARGE), APNM C.M.S, UPPER PRIMARY SCHOOL, KULATHUPUZHA, KOLLAM DISTRICT. R1 BY GOVERNMENT PLEADER SMT.NISHA BOSE R2 BY ADV. SRI.BABU VARGHESE SRI.KAPPILLIL ANILKUMAR SRI.JOHNSON T. JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2011, ALONG WITH WPC NO.167 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.11974/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE TRANSFER APPLICATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. P2 COPY OF THE REQUEST CUM LETTER DATED 19/2/2010 BY THE PETITIONER TO THE 2ND RESPONDENT. P3 COPY OF THE APPLICATION DATED 4/3/2010 BY THE PETITIONER. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE DECLARATION SUBMITTED BY THIS RESPONDENT TO THE 1ST RESPONDENT DATED 31/3/2010 APPOINTING THE 3RD RESPONDENT AS HEADMISTRESS OF THE A.P.N.M.C.M.S. U.P. SCHOOL, KULATHUPUZHA. R2(B) COPY OF THE PROCEEDINGS NO.C/1339/10 L.DIS DATED 22/4/2010. R2(C) COPY OF THE APPLICATION RECEIVED FROM THE 3RD RESPONDENT TO THIS RESPONDENT DATED 25/1/2010. /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J. ---------------------------------- W.P.(C).Nos. 11974 of 2010 and 167 of 2011 -------------------------------------------------- Dated this the 11th day of January, 2011 JUDGMENT In W.P.C.No.11974/2010, petitioner is the Head master of C.M.S. L.P. School, Kunnummel, Kavalam in Alappuzha District. Petitioner is a permanent resident of Kulathupuzha. A retirement vacancy for the post of Headmaster arose on 31.3.2010, therein. Third respondent was given charge of the school consequent on the retirement, by the management. 2. The complaint of the petitioner is that in spite of the fact that the petitioner filed Ext.P1 application for transfer to the said vacancy before the Manager, ignoring his seniority and other claims, third respondent was given appointment of teacher in charge. In these circumstances, petitioner has filed this Writ Petition seeking various reliefs. 3. Second respondent has filed a detailed counter affidavit. The averments in the counter affidavit show that the second respondent disputes the claim of the petitioner for posting as a Headmaster of the School. It is further pointed out that the first respondent has already approved the posting given to the third W.P.(C).Nos. 11974 of 2010 and 167 of 2011 2 respondent as Headmaster as per Ext.P2 order. It is pointed out that the various considerations are there, for appointing a person as Headmaster/Headmistress. 4. In W.P.C.No.167/2011, the petitioner was appointed as UPSA in a consequent vacancy which arose due to the appointment of Smt.Ammini as Head mistress. She was appointed with effect from 31.03.2010. It appears that the approval was declined by the Assistant Educational Officer, relying upon the dispute between the petitioner and the third respondent in W.P.C.No.11974/2010. The manager has already approached the District Educational Officer by filing an appeal to approve the appointment of the petitioner herein. 5. Heard the learned counsel appearing for the petitioners, the learned Senior Counsel appearing for the Manager and the learned Government Pleader. Going by the counter affidavit filed by the second respondent in in W.P.C No.11974/2010, the Manager has already appointed the third respondent as teacher in charge, which has been approved by Ext.P2 order. Whether the petitioner in the Writ Petition is entitled for a transfer to that W.P.(C).Nos. 11974 of 2010 and 167 of 2011 3 vacancy, is a matter which has to be considered by the Statutory authority concerned. The learned counsel submitted that under Rule 10 of Chapter XIV A, petitioner has got a claim. The learned Senior Counsel for the Manager submitted that there are exception in the rules itself. Whatever that be, the petitioner will have to approach the Director of Public Instructions, if the petitioner has got a complaint that the action of the Educational Authority is illegal on any ground. Therefore, leaving open the said remedy this Writ Petition is disposed of. All the legal contentions are left open. If the petitioner files an appropriate representation within a period of one month the same will be considered by the Director of Public Instructions within a further period of two months after hearing all parties. 6. In W.P.(c) No.167/2010 learned counsel for petitioner pointed out that the appointment of teacher in charge Smt.Ammini has already been approved as per Ext.R2(b) order produced in W.P.C.No.11974/2010. It is pointed out that the dispute if any with regard to the claim of the petitioner in W.P.(C) No.11974/2010 and the third respondent thus will not affect the W.P.(C).Nos. 11974 of 2010 and 167 of 2011 4 petitioner in W.P.C.No.167/2010 and my attention was invited to Rule 45C (7) Chapter XIV A of KER, which reads as follows: “The teacher-in-charge so appointed under sub rule(6) shall be eligible for his grade pay plus charge allowance fixed by Govt. He shall be counted against the post of the Headmaster and the consequential vacancy shall also be filled.” 7. It is therefore, submitted that as the approval has been granted to the teacher-in-charge, there can be approval of appointment of the petitioner. 8. This aspect will be considered by the District Educational Officer while orders are passed on Ext.P4. Therefore, there will be a direction to the second respondent to take a decision on Ext.P4 within a period of one month from the date of production of a copy of this judgment. The Writ Petitions are disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. ln