IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12131 of 2011(N) -------------------------- PETITIONER(S): --------------- A.RAMAYYAN NADAR, R.V.BHAVAN, VAMANAPURAM, VAMANAPURAM P.O., THIRUVANANTHAPURAM-695 606, (HIGH SCHOOL ASSISTANT (MALAYALAM), ST.JOSEPH'S HIGHER SECONDARY SCHOOL, PULINCUNNOO P.O., ALAPPUZHA (RETIRED). BY ADV. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.R.SRINATH SRI.P.PRASANTH SRI.V.ARAVIND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-695 014. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. DISTRICT EDUCATIONAL OFFICER, CHERTHALA. 5. MANAGER, CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, PROVINCE OF ST.JOSEPH, THIRUVANANTHAPURAM. R1 TO R4 BY G.P. SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12131 of 2011-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of April, 2011. JUDGMENT The petitioner retired from service on 31.5.2002 while working as H.S.A. in the school managed by the fifth respondent. It is pointed out that the petitioner was initially promoted as Headmaster in St. Joseph’s Higher Secondary School in the leave vacancy of Fr. Thomas Joseph for the period from 1.4.2001 to 31.7.2001. He was reverted after the leave period expired and rejoined duty on 1.8.2001. The claim of the petitioner is that thereafter a vacancy of Headmaster arose consequent on the retirement of the Headmaster of Mother Teresa’s Higher Secondary School, Muhamma, Alappuzha. Even though he was the seniormost eligible candidate for appointment as Headmaster, his claim was overruled by the management and another H.S.A. was accommodated in that vacancy. It is the case of the petitioner that in spite of various representations being filed, no action was taken. According to the petitioner, the denial of the promotion as Headmaster is illegal and at any rate, he will be entitled for the payment of pension in the post of Headmaster under the One Rank One Pension Scheme. Ext.P5 is the representation filed by the petitioner before the wpc 12131/2010 2 Government. It is prayed that the Government may be directed to take a decision. 2. There will be a direction to the first respondent to take a decision on Ext.P5, if it is received and still pending, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition, before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/