MANAGER M M H S Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) FIFTH respondent in the Original Petition, who is the manager of M. M. High School and U. P. School, New Mahe, is the appellant. Learned Single Judge directed the Deputy Director of Education to compute the monetary loss sustained by the writ petitioner on account of the failure of the Manager in not giving her appointment and to realise it from the manager under the provisions of the Revenue Recovery Act for payment to the writ petitioner. Appellant questions the correctness of the said direction.

(2.) SHORT facts necessary for the disposal of this appeal are as follows: - Writ petitioner had approved service in the school under the management of the appellant as a Lower Grade Hindi Teacher in the U. P. section of the school from 1-2-1973 to 23-4-1973 and from 29-1-1985 to 9-3-1985. She had also another term as H. S. A. (Hindi) between 17-2-1983 and 19-4-1983. On the retirement of a Lower Grade Hindi Teacher in the U. P. section on 31-3-1990, a vacancy arose in the U. P. section with effect from 1-6-1990 in the cadre of lower Grade Hindi Teacher. Writ petitioner made representations to the Manager for getting appointment against the said vacancy. She also approached the educational authorities by filing many representations. Assistant Educational officer, by letter dated 4-2-1991, informed her that necessary action was being taken in regard to her request for appointment in the vacancy which arose from 1-6-1990. Inspite of the various representations and the above mentioned reply from the Assistant Educational Officer, no action was taken by the Manager or the authorities to give the writ petitioner order of appointment. Therefore she moved this Court by filing O. P. 2480/1991 on 6-3-1991.

(3.) UNDER the circumstances detailed above, the learned single Judge found that the Manager should compensate the loss sustained by the writ petitioner on account of the delayed appointment. Learned counsel representing the Manager-appellant raised two contentions before us. They are (a) Manager is not bound to appoint a teacher in the school even if a vacancy exists; and (b) a person having right to get employment under Rule 51a of chapter XIV-A of Kerala Education Rules is not entitled to claim any damages on account of the delay caused in giving appointment. We shall proceed to deal with these aspects in detail.