SUBHADRA NARAYANAN KUTTY Vs. KERALEEYA SAMAJAM

JUDGEMENT

(1.) Writ petition No.3692 of 2005 is filed by one Mrs. Subhadra Narayanan Kutty, who was the appellant before the School Tribunal, questioning the legality and validity of the action on the part of the Management in terminating the petitioner from services; whereas, the writ petition No.3707 of 1995 is the writ petition filed by the School Management, interalia challenging the same judgment and Order, which is impugned in the first writ petition.

(2.) Though the employee's appeal was allowed by the Tribunal, it granted re-instatement in the post of assistant teacher and hence, a prayer is made in writ petition No.3692 of 1995 to grant re-instatement in the post of Asstt Headmistress, as the petitioner was substantially holding the said post. The Management, on the other hand, in the latter petition, assail the Order of the Tribunal, directing the reinstatement.

(3.) The controversy in these petitions lies in narrow factual matrix. The Petitioner was appointed in Model English High School as an assistant teacher. The appointment was given by the Management-Respondent in the year 1974. The, petitioner is a trained teacher possessing requisite qualification of B.Sc.B.Ed. On the basis of the petitioner's seniority and qualification, she was appointed as Supervisor in the year 1981. The Petitioner was promoted to the post of assistant headmistress in April, 1989 and since April, 1989, till the termination, the petitioner was substantivally holding the post of assistant Headmistress. As a vacancy was caused in the post of Headmistress, the petitioner was made to work as Incharge Headmaster, with effect from 30th April 1994. It will not be out of place to state that as the earlier Headmaster was placed under suspension, the petitioner was asked to officiate as Incharge Headmistress, from April, 1994. The record reveals that the school in question is an unaided school and there was dispute in between the Management on one hand and the employees on the other in regard to payment of the salaries, as prescribed by the rules. The dispute between the Management and the employees resulted in the employees going on strike and holding the petitioner responsible for the strike, the petitioner's services came to be terminated.