IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WA.No. 213 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.57/2008 Dated 01/01/2008 .................... APPELLANT: 3RD RESPONDENT IN THE WP: ------------------------------------ THE MANAGER, V.T.M. UPPER PRIMARY SCHOOL, MANNADY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: PETITIONER AND OTHER RESPONDENTS IN THE WP: -------------------------------------------------------- 1. R. GEETHAKUMARY, W/O. G.SASIDHARAN NAIR (LATE), AGED 47 YEARS, HEADMISTRESS (NOW REVERTED AS UPSA), VTM UPPER PRIMARY SCHOOL, MANNADI P.O., PATHANAMTHITTA DIST. RESIDING AT PAZHAYAKALAYIL, MANNADY P.O., PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, ADOOR 4. SMT. SREEKALA S., UPSA, VTM UPPER PRIMARY SCHOOL, MANNADY P.O., PATHANAMTHITTA DISTRICT. R1 BY ADV. SMT. REKHA VASUDEVAN R2 & R3 BY GOVT. PLEADER SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.A.No.213 of 2008 ======================== Dated this the 23rd day of January, 2008. JUDGMENT Balakrishnan Nair,J. The appellant challenges the interim order passed by the learned single Judge. By the said interim order, the first respondent whose term of appointment is over is allowed to continue as the Headmistress of the appellant's school. Though it is an ad interim order, the appellant submitted that he has filed a counter affidavit and moved for vacating the interim order. But the said motion was not considered and the writ petition was posted for hearing. So feeling aggrieved by the continuance of the interim order, this writ appeal is filed. 2. The appellant prays for vacating the interim order. The learned counsel for the first respondent - writ petitioner supports the interim order raising various contentions. We heard the learned Government Pleader for the official respondents also. The learned counsel for the first respondent herein, who is the writ petitioner, submitted that she has already invoked appellate remedy against Ext.P7 order of the appellant appointing the fourth respondent as the Headmistress of the School with effect from 1.1.2008. Once the appellate remedy is invoked, prima WA 213/08 -: 2 :- facie, we are of the view that the writ petition has become infructuous. It is a matter for the learned single Judge to consider. 3. Having regard to the nature of controversy involved, we direct the third respondent - Assistant Educational Officer, Adoor to consider the appeal filed by the first respondent herein against Ext.P7 and also the claim of the fourth respondent for approval of her appointment as Headmistress. The third respondent shall do the same within one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the Manager, the first respondent and the fourth respondent. Till a decision is taken on the question of approval of appointment of the fourth respondent and also the sustainability of the appeal filed by the first respondent, the first respondent shall be allowed to continue as the teacher-in-charge. Writ appeal is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 24/1