P A LILLY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has filed this original petition, though after her retirement, challenging Ext.P5 which came into life after her retirement. An application for approval of her appointment as Headmistress in St.Kuriakose U.P.School, Melpadom, which is under the control of 6th respondent, for the period from 1.6.1989 to 31.5.1989 had been rejected by the Government. It appears that though original petition had been filed earlier, the matter was not finally decided and was relegated for appropriate proceedings. But the Government by order dated 1.5.1996, took a view that the approval was liable to be rejected pointing out that the appointment was made on 4.6.1990 with retrospective effect which is impermissible.

(2.) Now the facts could be stated. The petitioner had commenced her service from 1.7.1961 as Upper Primary School Assistant. The Manager of the school had passed away on 8.4.1988. Due to the rift among the committee members who were in charge of the affairs of the school, it was not possible to appoint a Manager right in earnest. In the meanwhile, the Headmaster of the School had retired on 31.5.1989. The petitioner being the senior most teacher and otherwise qualified for appointment had been given charge of the Headmaster, and recognised by the Department as such for all routine purposes. The newly appointed Manager had recognised the position and appointed her with the date from which the vacancy arose. This is now picturised as irregular. The petitioner had retired from service on 31.5.1989.

(3.) The averments in the statement filed by the third respondent, the Deputy Director of Education, Alappuzha, show that the church committee had elected one Sri.K.O.Mathew as the manager w.e.f. 2.2.1990. The said appointment was declined by the Assistant Educational Officer, Harippad, for the reason that the person so selected as Manager was a public sector employee. On 11.12.1992 Government permitted the said person to function as manager for a period of three years from 25.2.1990. Thus the appointment of the Manger was on tender hooks for quite sometime.