RACHEL ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The case of the petitioner is the following. She is working as the Headmistress in Kadapra St.Thomas High School, Niranam West, which is a minority educational institution as recognized in Ext.P1. Rev.A.T.Raju was working as Headmaster of the school. He retired from service on 30.4.2007. In that resultant vacancy, the petitioner was appointed as Headmistress, as per Ext.P2 order dated 27.4.2007. It is stated that in the resultant vacancy on account of the appointment of the petitioner as Headmistress, a protected teacher was recalled. It is stated that the appointment of Rev.A.T.Raju as Headmaster was challenged by another teacher, and she filed W.P.(C) No.688 of 2005. That Writ Petition is pending. However, Rev.A.T.Raju and the rival claimant retired from service.

(2.) The Deputy Director of Education rescinded handing over the charge to the petitioner as Headmistress on the ground that there was a rival claimant, namely, Smt.Annie Joseph. That order was challenged by the petitioner as well as the Manager in WP(C) No.17352 of 2007, which was disposed of as per Ext.P5 judgment dated 19 June, 2007. After Ext.P5 judgment, the Deputy Director of Education passed Ext.P6 order dated 27.9.2007 holding thus:

(3.) Against the finding in Ext.P6 that approval of the appointment can be made only after the approval of appointment of Rev.A.T.Raju, the Manager filed an appeal before the Director of Public Instruction. That appeal was rejected as per Ext.P8 order dated 3.9.2010. Challenging Ext.P8 order, the petitioner filed Ext.P9 revision dated 18.9.2010 before the first respondent. Ext.P9 is pending disposal.