IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 OP.No. 32848 of 2001(I) ---------------------------------- PETITIONER(S): ------------------------ SMT.B.S.USHAKUMARI, HEADMISTRESS, D.V.N.S.S. UPPER PRIMARY SCHOOL, ANNOOR, KOTTARAKKARA. BY ADV. MR.S.RAMESH BABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA. ADDL. R4 IS IMPLEADED 4. SMT.SUMATHYKUTTY AMMA, RETIRED HEADMINSTRES, B.V.N.S.S, UPPER PRIMARY SCHOOL, ANNOOR. ADDL. R4 IS IMPLEADED AS PER ORDER DT. 31.10.01 IN CMP. 53835/01. GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.32848/2001 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER 20.1.2000. P2:- COPY OF THE ORDER DTD. 21.1.2000. P3:- COPY OF THE REPRESENTATION DTD. 27.1.2000. P4:- COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER. P5:- COPY OF THE PROCEEDINGS OF THE SENIOR SUPERINTENDENT, AE OFFICE, KOTTARAKKARA DTD. 6.7.01. P6:- COPY OF THE LAST PAY CERTIFICATE DTD. 28.7.01. P7:- COPY OF THE LETTER DTD. 4.8.01. P8:- COPY OF THE LETTER DTD. 23.8.01. P9:- COPY OF THE LETTER DTD. 12.9.01. P10:- COPY OF THE LETTER DTD. 13.9.01. P11:- COPY OF THE LETTER DTD. 10.10.01. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE JUDGMENT IN OP.12683/1996 . R1(b):- COPY OF THE JUDGMENT IN WA. 1727/96 . R1(c):- COPY OF THE JUDGMENT IN CIVIL APPEAL 6553/00. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 32848 of 2001 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009. JUDGMENT The petitioner who is the Headmaster of an Upper Primary School, filed this original petition challenging Ext.P11 order issued by the second respondent. The second respondent, by Ext.P11, directed the petitioner to issue NLC/LPC of the retired Headmistress (addl. 4th respondent herein) with a further direction that if the same is not issued, the salary of the petitioner will be withheld until the issue is settled. 2. This Court, by an interim order dated 31.10.2001, granted a stay of Ext.P11 for a period of one month which was being extended from time to time. The issue raised herein is in a narrow compass. There was a dispute regarding the seniority and entitlement for appointment as the Headmistress of the school between the petitioner and the 4th respondent. The claim of the petitioner was rejected by this Court in O.P. No.12683/1996. In W.A. No.1727/1996, the judgment was reversed and the claim of the petitioner was upheld. This was taken up in Special Leave Petition before the Apex Court by the additional 4th respondent. By Ext.P2, the Apex Court passed an interim order to maintain status quo. Subsequently, the additional 4th op 32848/2001 2 respondent retired from service. Thereafter, she had been moving the authorities for getting the pensionary benefits consequent on her retirement on 30.4.2000. The petitioner was appointed as Headmistress from 1.5.2001 as per Ext.P4. When action was taken for disbursement of retiral benefits of additional 4th respondent, by Ext.P7 the third respondent returned the LPC to the petitioner directing her to forward the judgment in S.L.P.(C) No.294/2000. As the said S.L.P. was pending at that point of time, the petitioner informed that the judgment has not been delivered in the matter. The petitioner produced the interim order passed by the Apex Court by a letter dated 12.9.2001, produced as Ext.P9 and the Director of Public Instruction, in turn forwarded Ext.P9 to the third respondent for examination. Without any further action in the matter, the third respondent issued Ext.P11 asking her to issue the NLC. 3. In the light of the subsequent developments, it may not be necessary to decide the legal issue that is raised by the petitioner herein. The Special Leave Petition as well as C.A. No.6553/2000 were finally disposed of by judgment dated 12.2.2002 by the Apex Court. The entitlement of the additional 4th respondent for appointment as Headmistress was declared. The judgment in the Writ Appeal was set aside and the order passed by the Government was restored. It was noticed that as the additional 4th respondent retired from service and that the petitioner has been appointed as the Headmistress, the terminal benefits of the additional op 32848/2001 3 4th respondent will be calculated on the basis that she retired as Headmistress. The operative portion of the judgment is extracted below: “However, we have to notice one aspect of the matter that during the pendency of these proceedings and pursuant to the interim order granted by this court, the appellant continued as Headmistress till she retired in April, 2001 and it is now brought to our notice that respondent No.3 has now been appointed as the Headmistress of the school. As a consequence of this judgment, the terminal benefits due to the appellant will be calculated on the basis that she retired as Headmistress. It is submitted by the learned counsel for the petitioner that accordingly, the benefits of the additional 4th respondent have been disbursed. It is also pointed out that the petitioner was granted approval in the post of Headmistress already. Hence, no further issue arises for decision in this writ petition. Therefore, as the petitioner has received the salary in the light of the interim order passed by this Court, the same will be recognised as the proper payment. The writ petition is thus disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/