High Court Kerala High Court

St.Mary’S Corporate And … vs Elizabeth Paul on 16 October, 2006

Kerala High Court
St.Mary’S Corporate And … vs Elizabeth Paul on 16 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1882 of 2006()


1. ST.MARY'S CORPORATE AND EDUCATIONAL
                      ...  Petitioner

                        Vs



1. ELIZABETH PAUL, HSA (ENGLISH),
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCATIONAL OFFICER,

5. V.M.TOMY,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI.KRB.KAIMAL

The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :16/10/2006

 O R D E R
                      K.A.ABDUL GAFOOR &
                    K. P. BALACHANDRAN, JJ.
              ---------------------------------------------------
                         W.A. No.1882 of 2006
              ----------------------------------------------------

               Dated this the 16th day of October, 2006


                               JUDGMENT

Abdul Gafoor, J

The education agency is aggrieved by

the judgment of the learned Single Judge

impugned in this appeal. The judgment

directs approval of the appointment of the

writ petitioner/first respondent. She has

been appointed, according to the appellant

by the erstwhile Manager whose term had

expired on 27.04.05. As is revealed by

Annexure-A, the appointment of the first

respondent was effected on 24.07.05.

Therefore, the Manager did not have any

right to make effect such appointment on

W.A. No.1882 of 2006 -2-

such date. So such appointment ought not to

have been directed to be approved.

2. In answer to the contention, it is

submitted by the Counsel for the first

respondent that going by clause-6 of the

bye-laws by which the education agency is

constituted and appointment of Manager is

permitted, though the term of Manager

appointed is for two years, he is entitled

to continue until his successor is

appointed and approved. Therefore, there is

nothing illegal in the direction of the

learned Single Judge as, as on the date of

her appointment, no successor to the

erstwhile Manager had been elected. He also

points out the impact of Rule 9(1) Chapter

W.A. No.1882 of 2006 -3-

XIV A KER to the effect that the change in

Manager shall not affect the appointment

order.

3. It is true that Annexure-A order

whereby the appointment of the erstwhile

Manager had been approved contains a

stipulation that his appointment was

approved for two years or until the

successor is appointed whichever is

earlier. But Clause-6 of the bye-laws

enables his continuance until the election

and approval of his successor.

4. In such circumstances, we dispose

of the appeal directing the DEO to consider

the approval of appointment of the Teacher/

first respondent as directed by the learned

W.A. No.1882 of 2006 -4-

Single Judge taking into account Annexure-A

order and its impact with reference to

Clause 6 of the bye-laws and also Rule 9(1)

Chapter XIV A KER. Order shall be passed

within one month from the date of receipt

of a copy of this judgment.

5. With the above observation, this

writ appeal is disposed of.

K.A.ABDUL GAFOOR,
(JUDGE)

K. P. BALACHANDRAN,
(JUDGE)
kns/-

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