P. M. SREENATH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by rival teachers seeking appointment to the post of headmaster in the school managed by the 6th respondent in W.P(C) No.3158 of 2023.

(2.) W.P(C) No.3158 of 2023 is filed by one P.M.Sreenath contending that he was appointed as LPSA from 1/12/2008 in a leave vacancy and that he was appointed to a permanent vacancy with effect from 1/6/2009. During 2016-17, the petitioner contends, that on account of the reduction of student strength, he was deployed to a Government school where he is still continuing. The headmistress of the school one Smt.Vijayalskhmi is stated to have retired with effect from 31/7/2003, and another Arabic teacher was placed "in charge" for some time. Later as per Ext.P3, the Manager of the school appointed the 5th respondent- Smt.C.Anitha as "headmistress in charge". He contends that the petitioner obtained 12 years of teaching experience as on 1/6/2021, having passed the Account Test (Lower) during July, 2019 and the Kerala Education Rules (KER) test during November, 2018 and hence became entitled for appointment to the post of headmaster as was claimed before the Manger as seen from Ext.P6. The petitioner relies on Ext.P7 information obtained under the Right to Information Act, 2005 to contend that the appointment of Smt.C.Anitha was only as "in charge" and further that the scale of pay is also extended as that of the headmistress as evidenced by Ext.P8 issued by the Assistant Educational Officer (AEO). The claim made by the petitioner as above was considered by the Government as seen from Ext.P12 seeking to deny the claim made, essentially on account of the alleged lack of provisions under KER to discharge Smt.C.Anitha, who was continuing as above, and since the petitioner was not in the rolls of the school managed by the 6th respondent, on account of which, his seniority could not be taken into account. It is challenging Ext.P12 issued as above by the Government that P.M.Sreenath filed W.P(C) No.3158 of 2023.

(3.) On the other hand, Smt.C.Anitha filed W.P(C) No.27326 of 2023 seeking a declaration that her appointment as headmistress, noticed above, was validly made.