IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29956 of 2010(T)
1. K.P.SHANTHAKUMARI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/09/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 29956 OF 2010 T
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Dated this the 29th day of September, 2010
JUDGMENT
The petitioner is the Headmistress in charge of the High
School Division of E.M.S.Smaraka Government Higher Secondary
School, Pappinissery. It is stated that the School was a Panchayat
School and in view of the Government Order, G.O.(MS)
No.2/2010/G.Edn. dated 2.1.2010, the School became a
Government School. The petitioner was working as High School
Assistant in the School since 1982. It is also stated that she is the
senior most High School Assistant in the School and that she has
got the prescribed qualification for being appointed as Headmistress.
Sri.C.Ramachandran was working as Headmaster of the School
when it was a Panchayat Higher Secondary School. It is stated that
C.Ramachandran was suspended from service on 3.6.2009 and the
petitioner, being the senior most teacher, was given charge of the
Headmistress. The suspension of C.Ramachandran was
subsequently revoked and he joined service on 5.12.2009.
C.Ramachandran retired from service on superannuation on
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31.3.2010. Thereafter, the petitioner was given full additional charge
of the Headmistress with effect from 1.4.2010, as per Ext.P1 order
passed by the District Educational Officer.
2. As per the Government Order dated 2.1.2010, the
Panchayat School was taken over by the Government. As per
Ext.P2 G.O.(MS)No.68/2010/G.Edn. dated 26.4.2010, all the existing
Headmasters and Principals were directed to continue temporarily.
After taking over of the School by the Government, the name of the
School was changed as E.M.S.Smaraka Government Higher
Secondary School.
3. The grievance of the petitioner is that though the petitioner
is the senior most High School Assistant in the School, she was not
appointed as Headmistress. The petitioner submitted Ext.P4
representation dated 17.2.2010, to the first respondent praying that
she may be appointed as Headmistress. Ext.P4 representation is
not yet disposed of. The learned counsel for the petitioner pointed
out that the District Educational Officer had sent Ext.P5 letter dated
30.3.2010 to the Government requesting to consider the request of
the petitioner on merits.
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4. The relief prayed for by the petitioner in the Writ Petition is
to issue a writ of mandamus directing the first respondent to consider
and pass appropriate orders on Ext.P4 representation dated
17.2.2010.
In the facts and circumstances of the case, the Writ Petition is
allowed. The first respondent shall consider Ext.P4 representation
dated 17.2.2010 submitted by the petitioner, after taking note of
Ext.P5 letter sent by the District Educational Officer, as expeditiously
as possible and, at any rate, within a period of one month from the
date of receipt of a copy of the judgment. It is submitted by the
learned counsel for the petitioner that the petitioner waives any right
of personal hearing in the matter. The petitioner shall submit a copy
of the Writ Petition and a certified copy of the judgment before the
first respondent.
(K.T.SANKARAN)
Judge
ahz/