IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WA.No. 1175 of 2006(C) --------------------------------- JUDGEMENT IN O.P.NO. 22607/1998 DATED 13/12/2005 .................... APPELLANT/ PETITIONER IN O.P: ------------------------------------------------ P. LALITHAMBIKA, PADMAKESH, KAVANAD, KOLLAM-691 003. BY ADV. SRI.M.V.BOSE. RESPONDENTS/ RESPONDENTS IN O.P: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASST.EDUCATIONAL OFFICER, KOLLAM. 3. THE MANAGER, VIVEKANANDA MEMORIAL L.P. SCHOOL, MARUTHADY, KOLLAM. 4. G. BHARATHY AMMA, KALEEKKAL THARAYIL PUTHUKKADU P.O., CHAVARA. ADDL.R5. IMPLEADED. L. SANTHA, SANTHA DALE, ASRAMAM, KOLLAM. SR. GOVT. PLEADER SRI. BENNY GERVACIS FOR R1 & R2, ADV. SRI.P.S.SIDHAN FOR R3, ADV. SRI.V.A.MUHAMMED FOR R4, ADV. SRI.K.E.HAMZA FOR R4, SRI.M.V.THAMBAN FOR ADDL.R5. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.1175 OF 2006 ------------------------------------- Dated 21st August, 2008 JUDGMENT Koshy,J . The writ petition was filed challenging Ext.P18 order of the Government. One of the grievances of the appellant/petitioner was that she was not heard. Learned single Judge disposed of the writ petition directing the Government to pass a fresh order with notice to the petitioner. Now, it is the contention of the petitioner that there was no necessity to pass a fresh order especially in view of the counter affidavit filed by the respondents. Petitioner and fourth respondent simultaneously got appointment as untrained teachers in the third respondent school from 4.6.1964 onwards. The second respondent approved the appointment from 4.6.1964 to 31.3.1965. Thus, they became Rule 51-A claimants. During 1965-66 the Assistant Educational Officer, Kollam visited the school and found that there were four sanctioned posts. Already three qualified teachers were working in the school including the Headmaster. Manager of the school, thinking that there will be five posts, appointed both appellant and fourth respondent. If only four teachers are required, fourth respondent will have to go out because appellant is senior to the fourth respondent being elder in age. Appointments were not approved because non availability certificate of qualified teachers was not produced from the District Employment Officer. It was also contended that for sanctioning an additional division, as per the Assistant Educational Officer's report on visit there was W.A.1175/2006 2 shortage of only one student. Petitioner obtained T.T.C and became a qualified teacher. Government approved appointment of the petitioner for the period from 17.6.1965 to 31.3.1966 and from 3.6.1966 to 17.7.1966. Seniority of the 4th respondent was also approved retrospectively. Petitioner was acted as Headmistress in charge during leave vacancy. When the Headmaster retired on 31.3.1994, the petitioner was appointed as Headmistress and she retired on 31.10.1995. In the counter affidavit it is admitted that the eligibility and appointment of appellant is correct. It is also not in dispute that the petitioner retired from service in 1995 itself. Therefore, there is no grievance for the petitioner. Petitioner is entitled to get all the service benefits as she retired as a Headmaster after working in that post. It is also submitted that in view of the direction, a revised order was passed after hearing the parties by the Government. Seniority disputes between respondents 4 and 5 are challenged separately. In view of the petitioner's retirement, it is submitted that they are not questioning the benefits granted to the petitioner. Therefore, the petitioner is entitled to get all the service benefits as claimed including salary. The appeal is disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks