GEETHA N.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals arise from the common judgment dated 31.08.2018 of the learned Single Judge in W.P.(C) No.17395 of 2018 and W.P(C) No.17773 of 2018. The brief facts are that the appellant in these appeals namely, N.S.Geetha was appointed as High School Assistant (Maths) in the Shankaramangalam Higher Secondary School on 24.7.1997. From 21.6.2006 to 20.6.2010, she was granted leave without allowance under Appendix 12C of Part-I KSR for joining her spouse, who was working abroad. On 21.6.2010, she rejoined duty at school. There was a retirement vacancy of Head Master (HM) in the school on account of retirement of the then incumbent on 31.3.2011. Smt.Geetha was appointed as HM by the Manager from 1.4.2011. However the approval of the said appointment was only as teacher in-charge on the ground that Smt.Geetha was on leave without allowance from 21.6.2006 to 20.6.2010. Rule 45C of Chapter XIV-A mandates that while granting temporary promotion to any person (when a qualified teacher is not available to be promoted as Headmaster), in the case of every high school, a minimum period of 12 years of continuous graduate service shall be insisted upon. Smt.Geetha continued as HM and on 15.8.2013, i.e on completion of 12 years after rejoining duty, the Manager of the school again appointed her as HM and the DEO approved the said appointment vide the proceeding marked Ext.P4 in WP(C) No.17773 of 2018.

(2.) The 6th respondent, Smt.Mini George was appointed as HSA (Hindi) on 20.7.2000. By 27.7.2012 she acquired qualification to be appointed as HM. However, she did not choose to stake any claim that she was eligible to be so appointed. This may be on account of the fact she had, on 1.4.2011, submitted a no objection for appointment of Smt.Geetha as HM. However, on 23.10.2017 Smt.Mini George filed a revision before the Government of Kerala (R1) challenging the approval granted to the appellant (Geetha). On 19.5.2018, the first respondent issued the order marked as Ext.P9 in W.P.(C) No.17773 of 2018 holding that Smt.Geetha was not entitled to continue as the HM. This order and consequential proceedings of the Manager were challenged by Smt.Geetha by filing W.P.(C) 17773 of 2018. The 6th respondent Smt.Mini George filed W.P.(C) No.17395 of 2018 essentially seeking implementation of the Government order dated 19.5.2018. The learned single Judge considered the writ petition filed by Smt.Geetha and the writ petition filed by Smt.Mini George together.

(3.) Three grounds were raised before the learned single Judge in support of the challenge raised to Ext.P9.