IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 OP.No. 22379 of 2000(L) ---------------------------- PETITIONER: -------------- N.J. GEORGE, S/O. JOSEPH NEDUMKALLEL, AGED 52 YEARS, L.P.S.A, PANCHAYATH U.P. SCHOOL, MARUTHOOR, KALLOORKAD P.O., RESIDING AT NEDUMKALLEL HOUSE, KALLOORKAD P.O. BY MR.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE MR.NIDHI BALACHANDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE MANAGER, PANCHAYATH U.P. SCHOOL, MARUTHOOR. 2. THE PRESIDENT, KALLOORKAD GRAMA PANCHAYATH, KALLOORKAD P.O. 3. THE SECRETARY, KALLOORKAD GRAMA PANCHAYATH, KALLOORKAD P.O. 4. THE ASSISTANT EDUCATIONAL OFFICER, A.E.O. OFFICE, KALLOORKAD P.O. 5. THE DISTRICT EDUCATIONAL OFFICER, D.E.O. OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 6. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, MINISTRY OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 7. P.R. NARAYANAN NAIR, HEADMASTER-IN-CHARGE, PANCHAYATH U.P. SCHOOL, MARUTHOOR. OP.No. 22379 of 2000(L) BY MR.M.R.GOPALAKRISHNAN NAIR, ADVOCATE, FOR R1& R3 MR.SAJITH KUMAR V., ADVOCATE, FOR R2 MR.SURAJ.S, ADVOCATE, FOR R2 BY MR. A.J. VARGHESE, SR.GOVERNMENT PLEADER FOR R4 TO R6 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.22379/2000 Order on C.M.P.No.37679/2000 in O.P.No.22379/2000 Dismissed. Order on C.M.P.Nos.49482/2000 & 36139/2002 in O.P.No.22379/2000 Closed. 17.05.2010 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE REPRESENTATION DTD. 3.5.00 SUBMITTED BY THE PETITIONER TO R3. EXT. P2 : COPY OF REPRESENTATION DTD. 4.5.00 SUBMITTED BY THE PETITIONER TO R5. EXT. P3 : COPY OF THE REPRESENTATION DTD. 10.05.00 SUBMITTED BY THE PETITIONER TO R2 AND COMMITTEE MEMBERS, KALLOORKAD GRAMA PANCHAYATH. EXT. P4 : NIL. EXT. P5 : NIL. EXT. P6 : COPY OF THE ORDER No.C1-92/02 DTD. 1.4.02 ISSUED BY R1. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF the LETTER No.b3-2732/2000 DTD. 23.6.00 SENT BY THE PRESIDENT, KALLOORKAD GRAMA PANCHAYATH. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P.No.22379 OF 2000 --------------------------------------- Dated this the 17th day of May, 2010. J U D G M E N T The petitioner has filed this original petition challenging the appointment of the 7th respondent as Headmaster overlooking his claim and allegedly in violation of Rule 45 of Chapter XIV-A of Kerala Education Rules. 2. The vacancy in the post of Headmaster in the Maruthoor U.P.School managed by the 1st respondent arose on 01.04.2000 due to the retirement of Smt.Annamma. Initially the teacher-in- charge was appointed and later the 7th respondent was promoted as Headmaster. Challenging the same, the petitioner filed representations. There are certain subsequent developments also. 3. During the pendency of the original petition, the 7th respondent retired from service and the petitioner was appointed as Headmaster in the school as per Exhibit P6 produced along with C.M.P.No.36139/2002. Exhibit P6 is the O.P. No.22379/2000 2 proceedings of the Manager of the school dated 01.04.2002. Subsequently, the petitioner has also retired from service. The relevant Rule concerning appointment of Headmaster of the U.P.School is Rule 45 of Chapter XIV-A K.E.R. 4. The petitioner is a graduate teacher with B.Ed and having 18 years of service as on the date of occurrence of vacancy. The lone contention raised by the respondents 1 and 2 in the counter affidavit is that the 7th respondent was senior to the petitioner. It is pointed out that he is an under-graduate teacher. 5. In the statement filed by the 5th respondent in the original petition, it is pointed out that the petitioner is a graduate teacher appointed as L.P.S.A with effect from 18.08.1981 in Maruthoor U.P. School and he is the better claimant for appointment as Headmaster for Panchayath U.P.School, Maruthoor under Rule 45 Chapter XIV K.E.R. 6. There cannot be any dispute that since the petitioner satisfies the conditions provided under Rule 45 of Chapter XIV-A K.E.R, he was entitled to be appointed in the post of Headmaster O.P. No.22379/2000 3 in the vacancy which arose on 01.04.2000. The contention raised by the 1st and 2nd respondents that 7th respondent was senior cannot be accepted in the light of the specific conditions provided under Rule 45 of Chapter XIV-A K.E.R. It is seen that both the petitioner and the 7th respondent have retired from service. The petitioner was later appointed as Headmaster from 01.04.2002 onwards. It is pointed out that the appointment as such was approved by the authorities concerned. What remains therefore is to consider the petitioner's claim for appointment in the vacancy which arose on 01.04.2000. It is not clear whether the appointment of the 7th respondent was approved at any point of time as pleadings are absent regarding the same. It is submitted by the learned counsel for the petitioner that the approval of the appointment of 7th respondent was rejected by the Department. In the light of the above, this original petition is allowed. The eligibility of the petitioner for appointment as Headmaster from 01.04.2000 will be examined by the 5th respondent and appropriate orders shall be passed within a period of three O.P. No.22379/2000 4 months from the date of receipt of a copy of this judgment. The claim for revision of scale of pay and pensionary benefits will also be considered and appropriate orders will be passed within the above period. The same will be in accordance with the eligibility of the petitioner for promotion and after considering the then existing Rules of Chapter XIV-A of Kerala Education Rules. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp