P SASI MANAGER N S HIGH SCHOOL VALOOR CHERUVALUR P O (VIA) KORATTY THRISSUR Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE 1st petitioner is the manager of an aided school. THE 1st petitioner appointed the 2nd petitioner by Ext.P1 order as UPSA with effect from 24.11.2004. That appointment was not approved by the educational authorities on the ground that a protected teacher had to be accommodated by the manager and it was irregular to appoint the 2nd petitioner as UPSA by transferring an incumbent UPSA to the post of LPSA. THE matter was taken up to the Government and the Government passed Ext.P10 order upholding the first objection against the approval, viz., non appointment of a protected teacher and disapproving the second one. According to the petitioners, a vacancy remained unfilled in the school w.e.f. 1.4.2003, which was subsequently filled up by appointing a protected teacher. Another appointment was made by the 1st petitioner while the protected teacher was still on deputation to a Government school, which was held to be proper and valid by this Court in Ext.P3 judgment, on the ground that the manager had kept one vacancy, which had arisen on 1.4.2003, unfilled, which could subsequently be utilized for the protected teacher. According to the petitioners, the same principle applies in the case of the 2nd petitioner also. THE petitioners seek the following reliefs:

(2.) I have heard both parties.

(3.) ACCORDINGLY, this writ petition is allowed following Ext.P3 judgment. Appropriate orders in terms of this judgment shall be passed by the 4th respondent and monetary benefits disbursed to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.