G.RAJAGOPALA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE case set up by the writ petitioner is as follows: - It is averred that the B.E.M. High School, Kasaragode, is an aided school under the corporate managership of the 5th respondent and that the school was upgraded as Higher Secondary School as per Ext.P1 Govt. Order dated 20.7.2010 and that necessary posts including the post of Principal were sanctioned by the Government as per Ext.P2 G. O. dated 24.10.2011, with effect from 6.8.2011. It is the case of the petitioner that he entered service as High School Assistant (Social Studies) in the service of the 5th respondent from 30.8.1984 and was later promoted as Headmaster from 1.6.2006 and that he has secured M.A. (English) and B.Ed. and was qualified and eligible to be appointed as Principal of the higher secondary school. That he was appointed as Principal as per Ext.P3, with effect from 16.12.2011. The petitioner contends that the fact that the post of Principal is available from 6.8.2011 is evident from Ext.P4 G. O. w.p.c.18185/14 - : 2 : - dated 23.2.2013 and that, in spite of this aspect, the 3rd respondent -Regional Deputy Director of Higher Secondary Education, Kozhikode, approved the appointment of the petitioner as Principal only with effect from 23.2.2013. That aggrieved by the decision taken in Ext.P5 to limit the approval of the appointment as Principal only with effect from 23.2.2013, the 5th respondent - manager, as per Ext.P6 addressed the 2nd respondent -Director of Higher Secondary Education, requesting to grant approval to the appointment of the petitioner as Principal with effect from 16.12.2011. But the 2nd respondent -Director, as per Ext.P7, has rejected the request contained in Ext.P6. The petitioner further avers that he had submitted Ext.P8 to the 2nd respondent -Director to release the salary in the lower scale of Headmaster post pending sanction of salary attached to the post of Principal from 16.12.2011 to January 2013. It is stated by the learned counsel for the petitioner that such lower scale has been ordered to be granted to the petitioner as per Ext.P9 issued by the 2nd respondent. Aggrieved by the decision contained in Ext.P7, the petitioner has also submitted Ext.P10 before the 1st respondent -State Government requesting to approve the appointment of the petitioner as Principal of the school w.p.c.18185/14 - : 3 : - with effect from 16.12.2011 and for all consequential benefits. It is in the conspectus of these facts and circumstances that the petitioner has instituted the above Writ Petition (Civil) with the following prayers: "(i) call for the records relating to Exhibits P5, P7 and P9 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant pay and allowances to the Petitioner in the cadre of Principal from 16.12.2011 expeditiously. (iii) issue a writ of mandamus or other appropriate writ, order of direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P10 after affording an opportunity of being heard to the Petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case"

(2.) HEARD Sri.V.A.Muhammed, the learned counsel for the petitioner for the petitioner and the learned Government Pleader appearing for official respondents 1 to 4.

(3.) IN the nature of the relief proposed to be granted in this case, it is not necessary to issue notice to the 5th respondent - corporate manager. In the facts and circumstances of this case, it is considered that the interest of justice would be subserved if the 1st respondent is directed to take a decision on Ext.P10. Accordingly, it is ordered that, within ten days from the date of receipt of a certified copy of this judgment, the 1st respondent shall issue notice of hearing to the petitioner, the 5th respondent and the competent authorities amongst respondents 2 to 4. The Government shall offer an opportunity of being heard to the petitioner and the other parties concerned within three weeks from the intimation of such hearing. Thereafter, on the basis of such hearing, the Government shall take a considered decision on the request of the petitioner contained in Ext.P10 and pass appropriate orders thereon in accordance with law within a period of two months therefrom. The Writ Petition (Civil) stands finally disposed of, subject to the above directions.