PONNAMMA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The question to be considered in this Original Petition is when exactly a vacancy to a post of Headmaster arises in a case when an incumbent holding the post takes leave preparatory to retirement.

(2.) Both the petitioner and 5th respondent were High School Assistants in St. Augustine's High School, which is under the management of the 4th respondent The petitioner is senior in service. Her date of birth is 27-4-1938. She complied 50 years of age on 27-4-1988.

(3.) R.45-B(1) of Chapter XIV-A lays down that Account Test (Lower) conducted by Kerala Public Service Commission shall bean obligatory qualification for promotion as Headmasters of Lower Primary and Upper Primary Schools. Sub R.4 of the said Rule states that the teachers, who have attained the age of 50 years shall stand exempted permanently from acquiring the qualification as specified in sub-rule (1).