High Court Kerala High Court

P.M. Aravindakshan vs State Of Kerala on 4 January, 2010

Kerala High Court
P.M. Aravindakshan vs State Of Kerala on 4 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5332 of 2006(I)


1. P.M. ARAVINDAKSHAN, H.S.A. (SANSKRIT)
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE DEPUTY DIRECTOR (EDUCATION)

4. THE MANAGER, A.K.M.H.S.,

5. AISHKUMARI, H.S.A. (MATHS)

                For Petitioner  :SRI.K.B.GANGESH

                For Respondent  :SRI.V.A.MUHAMMED

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/01/2010

 O R D E R
                       S. SIRI JAGAN, J.
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                   W.P.(C)No. 5332 of 2006
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           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
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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
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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
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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/