IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 2589 of 2009(G) ----------------------------------- PETITIONER(S): ---------------------- T.VIJAYAKUMARI,W/O.C.K.VIBHAKARAN PILLAI, AGED 51 YRS,UPSA(SENIOR GRADE),TEACHER-IN-CHARGE WITH FULL ADDL.CHARGE OF H.M,S.K.V.U.P.S, CHEMMAKKAD, RESIDING AT 'VINU NIVAS',CHEMMAKKAD.PO KOLLAM-691603. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT,SECRETARIAT THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. ASSISTANT EDUCATIONAL OFFICER, KUNDARA. *4. SMT.K.S.KAMALA BHAI AMMA, AGED 67 YEARS, CHITHRASILPA, KAVUMBHAGOM, THIRUVALLA. 5. SMT.K.S.OMANAKUTTI AMMA, AGED 60 YEARS, KAIPPALLIL VEEDU, PATTATHANAM, KADAPPAKKADA, KOLLAM. 6. SMT.K.S.LEELA BHAI AMMA, AGED 57 YEARS, ANITHA BHAVANAM, CHEMMAKKADU, KOLLAM. 7. SRI.C.K.VIBHAKARAN PILLAI, AGED 55 YEARS, VINU NIVAS, CHEMMAKKADU, KOLLAM. 8. SRI.C.K.PRABHAKARAN PILLAI, AGED 51 YEARS, PRABHA NILAYAM, CHEMMAKKADU, KOLLAM. WP(C) NO. 2589/2009-G 2 9. SRI.C.K.RATNAKARAN PILLAI, AGED 50 YEARS, KOCHUVEEDU, CHEMMAKKADU, KOLLAM. 10.SMT.RADHAMANI AMMA, W/O LATE SRI.C.K.SUDHAKARAN PILLAI, KAMALA BHAVANAM, CHEMMAKKADU, KOLLAM. *R4 TO R10 IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER DATED 20-2-2009 IN I.A.2843/2009. SENIOR GOVT.PLEADER SRI.MUHAMOOD.T.T. FOR R1 TO R3. ADV. SRI.R.GIREESH VARMA FOR R4 ADV. SRI.K.R.VINOD FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2589/2009-G APPENDIX PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE APPROVAL ORDER NO.C/1822/08/L.DIS DT. 28/6/08 ISSUED BY R3 TO PETITIONER. EXT.P2 COPY OF THE REQUEST LETTER DT.18/6/08 SUBMITTED BY PETITIONER BEFORE R3 CONTAINING THE REPLY ENDORSEMENT DT.1/7/08 OF R3. EXT.P3 COPY OF THE REPRESENTATION MADE BY PETITIONER BEFORE HON'BLE MINISTER FOR EDUCATION. EXT.P4 COPY OF THE UNDATED REPLY TO EXT.P3 ISSUED BY R2. EXT.P5 COPY OF THE LETTER DT.6/12/08 ISSUED BY HON'BLE MINISTER FOR EDUCATION TO PETITIONER. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / PA TO JUDGE. dkr T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2589/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of August, 2009 J U D G M E N T The writ petition is filed by a Teacher-in-charge of of S.K.V. Upper Primary School, Chemmakkad. A vacancy arose to the post of Headmistress on 01/06/2008 due to the retirement of the Headmaster. Thereafter, by Ext.P1 a charge arrangement was made by the A.E.O whereby the petitioner is placed as the Teacher-in-charge to discharge all the current duties of the School. The petitioner has been authorised to draw and disburse pay and allowances of the staff of the School on getting counter signature of the same by the competent authority until further orders. 2. The petitioner is seeking regular promotion to the post of Headmistress as she is the senior-most eligible claimant. It appears that there is a dispute regarding the Managership consequent on the death of Smt.Sarojini Amma who was the Manager. 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the additional fourth respondent. It is submitted by the learned counsel for the additional W.P.(C). No.2589/2009 -:2:- fourth respondent that as there is no consensus among the legal heirs as to the nomination of the Manager and as there are no bye-laws in force, the Civil Court has been approached by the fourth respondent to settle the scheme for Management of the School as O.S.No.255/2009. Presently, nobody is exercising the powers of the Manager. 4. In the light of the above position and in view of the averments made in the counter affidavit of the additional fourth respondent, the petitioner cannot be put to hardship. As she is entitled to be promoted with effect from 01/06/2008, appropriate orders shall be passed by the Assistant Educational Officer, the third respondent, promoting the petitioner as Headmistress in the said vacancy. The said course is adopted, since it may take some time for settling a scheme and for appointing a Manager. The same shall be done within a period of one month from the date of receipt of a copy of the judgment. Before issuing orders, he will also verify whether there are any other eligible and qualified senior claimants. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms