V.P. GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a retired Headmaster of Nasrathul Islam Madrassa L.P School, Kariyad in Kannur District. The writ petition is filed seeking for a direction to respondent Nos.1 and 2 to regularise the service of the petitioner as Headmaster for the period from 01/05/2007 to 30/04/2008 and to disburse consequential benefits accrued thereon. Going by the averments in the writ petition, it can be seen that the Manager of the schoo1 was one Shri N.C.T. Vijayakumaran Nambiar and another schoo1, namely, Kithani U.P Schoo1 was under the management of his brother Shri N.C.T. Madhusoodanan Nambiar. The petitioner was initially appointed as L.P.S.A and later promoted and appointed as Headmaster. The promotion of the petitioner was originally approved by the third respondent but, later cancelled on a complaint by a teacher working in Kithani U.P Schoo1. The complaint raised was that both the schoo1s have to be treated as a single unit and, if so, based on common seniority, he was the senior -most for promotion. This issue was finally decided and settled by Ext.P2 Judgment. Therein, it was declared that both seniority list was applicable. According to the petitioner, there was no rival claimant in the schoo1 concerned. Even after the files have been forwarded by the Assistant Educational Officer to the Director of Public Instruction and in spite of several representations filed by the Manager, there is no action by the Director of Pubic Instruction which is the complaint raised now.

(2.) LEARNED Government Pleader on getting instructions submitted that for recalling the order Ext.P1 whereby the petitioner's promotion was cancelled, the files have been forwarded to the Director of Public Instruction by the Assistant Educational Officer and orders are awaited. In the representation Ext.P4, the petitioner has mentioned the file No. as B.737/09 dated 17/09/2009 of the Assistant Educational Officer, Chokli. Evidently, the unreasonable delay has caused difficulties to the petitioner as he is not getting the retirement benefits also. In that view of the matter, there will be a direction to the Director of Public Instruction to finalize the matter and take appropriate decision with regard to the approval of appointment of the petitioner as Headmaster in the light of Ext.P2 Judgment of this Court and appropriate decision will be taken and communicated to the Assistant Educational Officer within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs.