LAWS(KER)-2009-11-60

RADHAMANI Vs. DIRECTOR OF PUBLIC INSTRUCTIONS

Decided On November 12, 2009
RADHAMANI Appellant
V/S
DIRECTOR OF PUBLIC INSTRUCTIONS Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order Ext.P5 passed by the Director of Public Instruction, whereby it was held that the 4th respondent is entitled for promotion from 2.6.2008 as H.S.A. (Social Studies) by reverting the petitioner as UPSA from 2.6.2008. The relevant facts for the disposal of the case are the following:

(2.) The petitioner herein was appointed as UPSA in T.I.H.S.S., Naimarmoola on 2.6.1998 and the said appointment has been approved. The 4th respondent is senior to the petitioner. The petitioner's qualification is B.A. Economics and B.Ed. in History and English, whereas the 4th respondent possesses the qualification of B.A. History and B.Ed. in English. One Shri S.R. Vijaya kumar was promoted as Headmaster with effect from 2.5.2008 and by Ext.P2 the petitioner was appointed by way of promotion, as H.S.A. (Social Studies) with effect from 2.6.2008. This was approved also. The 4th respondent challenged the same before the Director of Public Instruction on various grounds. He raised a contention that he is senior to the petitioner and he is having the required qualification also. This was accepted by the Director of Public Instruction.

(3.) The matter therefore will have to be examined in the light of the qualifications prescribed under the rules and in terms of Ext.P1 Govt. Order and the further clarification issued by the Government as per Ext.P3.