RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) SAME, issues arise for consideration in these appeals. Writ Appeal 309/1993 is filed by Sri. T. P. Rajendran, petitioner in o. P. 6182/1989. Manager of H. M. Y. S. High School, kolluvallikkad, Moothakunnam, who was the petitioner in O. P. 6178/1989, is the appellant in Writ Appeal 333/1993. One Smt. P. N. Sathy, who was working as a part-time Menial in the school, filed O. P. 3727/1990 for the issuance of a writ of mandamus directing the Manager of the school to implement the orders passed by the educational authorities and the Government directing her appointment as lower Division Clerk in the School. These Original Petitions were disposed of by a learned Single Judge by a common judgment dated 11-2-1993. Sri. Rajendran and the Manager of the school challenge the said decision.

(2.) SHORT facts necessary for the disposal of these appeals are as follows: - Smt. P. N. Sathy was appointed as part-time Menial in the aided school on 8-1-1985. At that time, the school was not a complete High school. Her appointment was approved by District Educational Officer by order dated 1-3-1985. She looks the S. S. L. C. examination conducted in March 1986. Result of that examination was published on 27-5-1986. She came out successful in that examination. According to her, this fact, namely her success in the s. S. L. C. examination, was immediately intimated to the Manager of the School. The school became a complete High School during the academic year 1986-87. Consequently, one post each in the category of Clerk, Peon and full-time Menial were sanctioned with effect from 2-6-1986. The post of part-time Menial, which was in existence, was abolished. Anticipating the vacancy of Lower Division clerk and Peon, Manager of the school-invited applications for filling up these posts by a notice dated 13-5-1986. Last date for receipt of application was fixed as 17-5-1986. It appears that management took a decision on 18-5-1986 to appoint Sri. Rajendran as Clerk and one Sri. K. R. Babu as Peon in the additionally sanctioned posts. Smt. Salhy was appointed to the post of full-time Menial. Aggrieved by the denial of appointment in the higher post, sathy filed appeal before the District Educational Officer on 10-6-1986. Since the appeal was not taken up for consideration by the District Educational officer even after the lapse of a reasonable lime, she moved this Court by filing O. P. 8330/1986. By judgment dated 5-11-1986, this Court directed the district Educational Officer to dispose of the appeal before granting approval to the appointment of Sri. Rajendran as Clerk.

(3.) THE fact that Sathy was holding the post of a part-time Menial in the school with effect from 8-1-1985 is not in dispute. It has come out in evidence that she took the S. S. L. C. examination conducted in march 1986. THE result of that examination was published on 27-5-1986. Sathy came out successful in that examination. This fact is also not in challenge. THE contention raised by the appellants is that the Manager of the school was not informed of her success in the S. S. L. C. examination on any day prior to 2-6-1986. So, on 2-6-1986 the Manager of the school appointed Rajendran in the post of Lower Division Clerk, which was sanctioned to the school with effect from 2-6-1986. In the orders issued by the educational authorities, it is specifically stated that Manager was aware of Sathy's success in the S. S. L. C. examination prior to 2-6-1986. District Educational Officer in the order dated 6-1-1987 stated: - "manager does not deny about her (Sathy's) passing of S. S. L. C. Examination and of UCr request for promotion". --------- Before the Deputy Director of Education, Ernakulam, the manager advanced an argument that he was not a ware of the possession of s. S. L. C. qualification by Smt. P. N. Sathy while issuing the appointment order on 2-6-1986. This argument was not accepted by the Deputy Director. THE identical contention of the Manager of the school raised before the Director of public Instruction was dealt with in his order dated 18-6-198sby observing: - "the argument of the Manager that he was unaware of the fact that Smt. P. N. Sathi was qualified for promotion as Clerk cannot be accepted since she had informed him of this before appointing Sri. T. P. Rajendran as Clerk in the school on 2-6-1986". While disposing of the revision petitions, wherein the identical contention was raised by the Manager of the school, Government in its order dated 12-6-1989 accepted the contention of Smt. Sathy that she had given intimation by registered post to the Manager on 28-5-1986 regarding her success in the S. S. L. C. examination. THE above finding of fact arrived at by the educational authorities and the Government is not to be interfered with by this court in exercise of the powers under Art. 226 of the Constitution. Further, smt. Sathy in her counter affidavit in O. P. 6182/1989 produced a copy of her representation dated 28-5-1986 sent to the Manager as Ext. R6 (a ). In that representation, she had averred: - "i have passed S. S. L. C. Examination conducted in march, 1986. My register Number is 496930 and. the result has 'been published on 27-5-1986". She further stated that she is the only qualified persoq. Eligible for promotion to the higher post. She, therefore, requested the manager of the school to make necessary arrangements to promote her as Clerk with effect from the re-opening of the school during 1986-87. That representation dated 28-5-1986 was sent by registered post. THE Manager of the school, as per Exhibit R6 (b), accepted the registered letter on 29-5-1986. Thus, over and above the finding arrived at by the educational authorities and the Government, Exhibits R6 (a) and R6 (b) produced along with counter affidavit filed by Sathy in O. P. 6182/1989 prove beyond even a shadow of doubt that the Manager of the school was informed by her of her success in the s. S. L. C. examination and also prayed for promotion to the post of Clerk. In these circumstances, we do not find any merit in the first contention raised by the appellants in these appeals.