(1.) IN W. P. (C) Nos. 15227/2008 and 15349/2008, the Manager of the school is the petitioner and in W. P. (C) No. 23943/2008 the petitioner is the teacher appointed by the Manager who is awaiting approval. Since common questions arise for decision, they are disposed of by a common judgment. The short history of the cases are the following: w. P. (C) No. 15349/2008
(2.) THE father of the Manager, late Shri Kunjunni Nambiar was the Manager of three schools, viz. Kariyad Nambiars U. P. School, Nasrathul Islam Madrassa l. P. School and Kitanhi U. P. School. He died in the year 1961. Out of the three schools, the Kariyad Nambiars U. P. School was transferred to his brother kunjiraman Nambiar. The other two schools devolved upon the petitioner, his mother and 6th respondent, his brother. The partition of the properties were effected in the year 1969. As per the partition deed, Nasrathul Islam Madrassa L. P. School was allotted to the petitioner and Kitanhi U. P. School was allotted to the 6th respondent brother. Both of them were working as teachers in the schools and hence the mother was nominated as the Manager of the individual schools. They were being treated as independent individual schools. The mother died in the year 1996 and thereafter the management of the schools were transferred in the name of the petitioner and 6th respondent respectively as they had retired from service in the meanwhile.
(3.) A leave vacancy occurred in the petitioner's school on 1-6-1982 when one Shri K. C. Aboobacker, Full Time Arabic Teacher went on leave. From 1-6-1982 onwards Shri C. Moosa who is the petitioner in w. P. (C) No. 23943/2008 was appointed and he continued there till 23-3-1997 in the leave vacancy. He was appointed on 2-6-2003 in the retirement vacancy of shri K. C. Aboobacker. Ext. P-3 is the said order.