USHA M. Vs. MANAGER,

JUDGEMENT

(1.) The petitioner and the 2nd respondent are rival claimants to the post of Teacher -in -Charge in the Higher Secondary School under the 1st respondent. It is specifically noticed that the claim is only to the post of Teacher -in -Charge, since the 2nd respondent was appointed as Principal after Chapter XXXII, in its entirety, was introduced along with the qualifications prescribed for Principal in the year 2009. There is no dispute that, after Chapter XXXII was introduced the petitioner has no claim since the 2nd respondent is the admitted senior of the petitioner in the High Secondary School section.

(2.) The brief facts to be noticed are that, the petitioner was appointed as a High School Assistant [for brevity "HSA"] (Malayalam) initially on 25.07.1993 and the 2nd respondent as HSA (Chemistry) on 22.06.1994. The petitioner was promoted as Higher Secondary School Teacher [for brevity "HSST"] (Junior) on 05.08.2000, while the 2nd respondent was promoted as HSST on 02.08.2000. The issue revolves around the question of entitlement to the post of Teacher -in -Charge (Principal) when such a post was sanctioned on 01.09.2004.

(3.) The 2nd respondent was admittedly placed as the Teacher -in -Charge considering her seniority as HSST. This was also permissible by the extant stipulation as per G.O.(Ms) No.161/2004/G.Edn. dated 14.06.2004. In the said Government Order, the Government prescribed a ratio of 2:1 for promotion to the post of Principal of Higher Secondary School to be appointed from the Higher Secondary School Teachers and the Headmasters of High Schools. In 2003, it was stipulated that only a Higher Secondary School Teacher having 12 years experience could be posted as Principal. The Government by G.O No: 161/2004, noticed the situation of some schools having no HSST of 12 years teaching experience and hence ordered that in such cases the senior -most HSST would be put in charge of the Higher Secondary Section. Hence, on 02.08.2000, the 2nd respondent was put in charge as Teacher -in -Charge, which was in compliance with the aforesaid Government Order.