LAWS(KER)-2011-2-371

USHAKUMARI Vs. STATE OF KERALA

Decided On February 18, 2011
USHAKUMARI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) W.P.(C) No.7327/2008 is filed by the Manager and W.P.(C) No.7312/2008 is filed by the Headmistress of a school. The dispute is with regard to the claim for the post of Headmistress between the petitioner in W.P.(C) No.7312/2008 and the 6th respondent therein who is the first respondent in W.P.(C) No.7327/2008 filed by the Manager. The facts of the cases and exhibits are mentioned herein as available in W.P.(C) No.7327/2008.

(2.) THE Manager contends that the school is one which is entitled to have minority status under Art.30(l) of the Constitution of India. Two vacancies arose in the school, viz., one vacancy of H.S. A. (Social Science) due to the retirement of Smt. Joylet Ruby and the other vacancy arose on 1.5.2006 consequent on the voluntary retirement of the Headmistress. THE Manager, by Ext.P1 order, promoted the first respondent to the post of H.S.A.(SS) with effect from 1,4.2006. It is the case of the Manager that the first respondent accepted the promotion as evident from Ext.P2 letter wherein she requested the Manager to allow her to continue as UPS A till reopening of the school for the academic year2006-2007. This was made on the plea that no appointment could be made during vacation. Subsequently, the Manager received Ext.P3 letter from the Asst. Educational Officer, forwarding the relinquishment of promotion by the first respondent. It is contended that the relinquishment is not permissible as per the rules. When the vacancy arose in the post of Headmistress, the Manager promoted the petitioner in W.P.(C) No.7312/2008, (7th respondent in W.P.(C) No.7327/2008) as she was working as UPSA in the school. THE proposal for approval was rejected by the Asst. Educational Officer as per Ext.P6 order stating that the first respondent is the senior most graduate UPSA. It was also stated that the appointment of Smt. S. Nabeesathu Beevi as Headmistress with retrospective effect from 1.6.2004 has not been approved and hence, there is no established vacancy of Headmistress with effect from 1.5.2006.

(3.) HEARD learned Senior Counsel Shri Babu Varghese for the Manager, Shri B. Reghunathan appearing for the 7th respondent and petitioner in W.P.(C) No.7312/2008, Shri P.K. Manojkumar, learned counsel for the first respondent and Smt. N. Sudha Devi, learned Government Pleader.