IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 5332 of 2006(I) ---------------------------------- PETITIONER(S): ------------------------ P.M. ARAVINDAKSHAN, H.S.A. (SANSKRIT) A.K.M.H.S., POYYA, THRISSUR. BY ADVS.MR.K.B.GANGESH MR.ANIL GEORGE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE D.E.O. IRINJALAKUDA. 3. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR, COLLECTORATE, THRISSUR. 4. THE MANAGER, A.K.M.H.S., POYYA, THRISSUR. 5. AISHKUMARI, H.S.A. (MATHS) A.K.M.H.S., POYYA, THRISSUR. ADDL. R6 IS IMPLEADED. 6. P.P.SEBASTIAN, AGED 47 YEARS, S/O. LATE PAUL, POOVATHUKARAN, THAZHEKKADU P.O., MUKUNDAPURAM TLUK, THRISSUR DISTRICT. ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 21.8.06 IN IA. 10827/06. R1 TO R3 BY GOVT. PLEADER MR.SANDESH RAJA R4 & R5 BY ADV. MR.V.A.MUHAMMED MR.V.A.MUHAMMED, MR.K.E.HAMZA. ADDL. R6 BY MR.ESM.KABEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5332/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMON ORDER PASSED BY THE 2ND RESPONDENT DTD. 6.10.04 IN THE APPEALS PREFERRED BY THE PETITIONER. P2:- COPY OF THE COMMON ORDER PASSED BY THE 3RD RESPONDENT DTD. 8.6.05. P3:- COPY OF THE COMMON ORDER DTD. 24.12.05 PASSED BY THE IST RESPONDENT. P4:- COPY OF THE JUDGMENT DTD. 27.10.05 OF THIS HONOURABLE COURT IN WA. 471/04. P5:- COPY OF THE G.O.(RT)244/04/G.EDN. DTD. 15.1.04 PASSED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. 631/1985 DTD. 1.2.1985. R5(b):- COPY OF THE JUDGMENT IN WPC. 19740/03 DTD. 21.10.03. R5(c):- COPY OF THE GO(MS) NO.104/69/EDN. OF THE GOVERNMENT DTD. 6.3.1969. R5(d):- COPY OF THE SENIORITY LSIT OF TEACHERS DT. NIL. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5332 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2010 J U D G M E N T 1. The petitioner is working as H.S.A. (Sanskrit) at the 4th respondent's school. In this writ petition he is challenging the appointment of 5th respondent as Headmistress of the School in a vacancy which arose on 31.03.2004, overlooking the petitioner's seniority and consequential orders passed by the statutory authorities. According to the petitioner, although the 5th respondent was initially appointed on 07.06.1978, she was retrenched from service on division fall on 01.12.1988 and she was deployed to a Government School as a protected teacher. She was re-appointed in the parent school only on 15.12.1992. The petitioner therefore submits that the continuous service of the 5th respondent can be computed only from 15.12.1992 in which case for the purpose of promotion as Headmaster the petitioner would be senior to the 5th respondent. According W.P.(C)No. 5332 of 2006 -2- to the petitioner this position has been upheld by a Full Bench of this court in W.P.(C) No.20543/2008. Therefore the petitioner seeks the following relief: i. a Writ of Certiorari or any other appropriate writ, order or direction quashing Exts.P1 to P3 orders passed by the respondents 2, 3 & 1 respectively. ii. a Writ of Mandamus or any other appropriate writ, order or direction commanding the 4th respondent to draw up a combined seniority list of teachers in the school placing the petitioner above the 5th respondent after deducting her period of service rendered prior to reappointment after protection and consequentially to promote the petitioner as Headmaster of the school with effect from 31.03.2004. iii. a Writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to disburse all monetary benefits to the petitioner upon his grant of promotion as prayed for in prayer No.2. iv. any other appropriate writ, order or direction as this Hon'ble Court may be deem fit and necessary on the facts and in the circumstances of the case, and allow this petition with all costs. 2. The learned counsel for the 5th respondent submits that the petitioner's appointment as Headmaster was approved on the basis of an earlier Full Bench decision of this court and subsequently she retired also. He further submits that so far as the seniority has not been challenged the petitioner is not entitled to the reliefs as prayed for. W.P.(C)No. 5332 of 2006 -3- The additional 6th respondent submits that the question of seniority is still in dispute before the Director of Public Instruction and therefore the petitioner cannot be given any relief in this writ petition until the seniority portion is settled. 3. I have considered the rival contention in detail. In W.P.(C) No.20543/2008 this court has rendered the following judgment. “ In view of the judgment in W.P.(C) No.12707 of 2005, this writ petition is liable to dismissed. The petitioner was deputed to SSA Project from 27.06.2003 to 09.01.2007 as a protected teacher. Therefore, she will lose seniority in her parent school and hence, she cannot claim the post of Headmaster which arose on 01.04.2007. Accordingly, this writ petition is dismissed.” 4. The facts of this case are exactly identical to the facts of the said case. That being so, following that decision, I have to held that the appointment of the 5th respondent as Headmaster to the vacancy which arose on 31.03.2004 is clearly against the Full Bench decision. Accordingly the appointment of the 5th respondent as Headmaster in the vacancy which arose on 31.03.2004 is W.P.(C)No. 5332 of 2006 -4- hereby quashed. The parties may work out their remedies before appropriate authorities based on this decision. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/