MADHU ANAND H Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri.Vasanthan, the Headmaster of Pantheerankavu Higher Secondary School, was to attain superannuation on 31/5/2021. He availed Leave Preparatory to Retirement ("LPR" for the sake of brevity) on 22/2/2021. The question for resolution is when would the occurrence of vacancy of Headmaster in the school arise? Whether it would be the date on which Sri. Vasanthan proceeded on LPR preparatory to retirement or whether it would be from the date of actual retirement of the incumbent. The answer to the said question would determine the teacher entitled to occupy the post of Headmaster as and when the vacancy occurred.

(2.) The facts necessary for deciding the issue are as under. The petitioner states that he commenced his service as High School Teacher (Maths) on 19/6/1989 in the Pantheerankavu HSS managed by the 5th respondent. According to him, he is the seniormost teacher and is junior only to Sri.Vasanthan, who was functioning as Headmaster of the school. The 6th respondent herein, the rival claimant, is junior to the petitioner. He relies on Ext.P1 and P2 certificates and contends that he had acquired all the obligatory qualifications to lay claim to the post of Headmaster on 17/3/2021. Sri.Vasanthan, who was to retire from service on 31/5/2021 on attaining superannuation, availed LPR from 22/2/2021. According to the petitioner, as per the provisions of the Kerala Education Act and the Rules framed thereunder, the post of Headmaster is to be manned by the seniormost teacher as Teacher-in-charge till the post became available substantially on his retirement on 31/5/2021. The manager of the school, however, ignoring the preferential claim of the petitioner as the seniormost teacher, appointed the 6th respondent, who is junior to the petitioner. This was done by the manager on the premise that, as on the date on which the Headmaster availed LPR, the petitioner herein was not qualified, whereas the 6th respondent had the requisite qualifications. It is contended that the need for filling up the post of Headmaster on regular basis would arise only on 31/5/2021 on which date the Headmaster retired from service and till such time, the seniormost teacher was required to officiate in the post. Being aggrieved by the action on the part of the Manager, the petitioner approached the 4th respondent and raised his grievances. However, his claim was rejected by Ext.P6 order. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:

(3.) In the counter affidavit filed by the 4th respondent, it is stated that the vacancy for the post of Headmaster arose when Sri. Vasanthan took LPR on 22/2/2021. The said teacher did not rejoin duty after availing LPR and therefore, the vacancy to the post of Headmaster was continuous from the said date. The date on which the Headmaster entered into LPR has to be considered to be the date on which the vacancy had arisen. The petitioner, not being qualified on the said date, he could not have aspired for appointment to the post of Headmaster.