KAMALA MENON PRINCIPAL SRI PADMAVATHI WOMENS COLLEGE TIRUPATHI Vs. DIRECTOR OF HIGHER EDUCATION A P HYDERABAD

JUDGEMENT

(1.) These two writ appeals are directed against the order of our learned brother, P.A.Choudary, J. in Writ Petition No.8078 of 1981 dated 10.11.1983. Writ Appeal No.1140 of 1983 is filed by Miss. Kamala Menon, respondent No.4 in the writ ,petition. Writ Appeal No. 1190 of 1983 is filed by the writ petitioner, Smt. P.Lakshmi Devi. Miss. Menon, the appellant in Writ Appeal No.1140 of 1983, is aggrieved against the direction of the learned Judge that the writ petitioner, Smt. Laskhmi Devi should be given the post of Principal of Sri Padmavathi Women's College, Tirupathi. Smt. Lakshmi Devi, the appellant in Writ Appeal No. 1190 of 1983, is aggrieved by the order of the learned Judge denying her arrears of pay- etc,, being a consequential benefit which should accrue to her pursuant to the direction of the learned Judge that she was entitled to be appointed as the Principal of Sri Padmavathi Women's College with effect from 5.5.1975. As the facts relevant for disposing of both the writ appeals are identical, it will be convenient to deal with both the appeals and dispose them of together. The facts giving rise to the disputes may be briefly stated:

(2.) Smt, Lakshmi Devi joined on 7.8.1958 as Professor and Head of the Department of Economics in Sri Padmavathi Women's College, Tirupathi. She was confirmed in the above post on 7.8.1960, On 9.10.1971, she was promoted as Principal and was regularised in that post on 10.10.1972. She continued to hold the post of Principal till 9.9.1973, on which date the permanent Principal, Mrs. Rajeswari Murthy who was on leave till then, joined duty. As a consequence of the permanent Principal, Mrs. Rajeswari Murthy assuming office, Smt. Lakshmi Devi stood reverted as Professor. From 10.9.1973, Smt. Lakshmi Devi went on Extraordinary leave on medical grounds and continued to be on leave till 31.12.1974. It appears that Smt. Lakshmi Devi declined to respond to the direction of the, management to appear before a Medical Board :n order to consider her absence on medical grounds and consequently her services were terminated on 27.1.1975. While so, the permanent Principal, Mrs. Rajeswari Murthy, left for United States, with the result that the post of Principal of Sri Padmavathi Women's College fell vacant with effect from 5.5.1975. Miss Menon, who was then Professor of Political Sciences, was placed in full additional charge as Principal with effect from 5.5.1975. On 1-10-1975, Mrs. Rajeswari Murthy, the permanent Principal, retired from service, It appears the then senior Professor of History, Smt. G.S.Saras- wathi, was asked by the management to accept the post of Principal. As Smt. Saraswathi declined to accept the post, the Tirumala-Tlrupati Devasthanani advertised in "THE HINDU on 16.11.1975 calling for applications for the post of Principal of Sri Padmavathi Women's College, Tirupati from eligible women candidates fulfilling the qualifications specified in the advertisement. The qualifications prescribed in the advertisement were:

(3.) It is relevant to mention at this stage that Smt. Lakshmi Devi filed on 22.1.1976 a writ petition bearing No.55 of 1976 in this court challenging the order terminating her services on 27.1.1975. This writ petition was dismissed in limine at the admission stage on the ground that Smt. Lakshmi Devi had an alternative remedy and consequently it was not open to her to question the termination of her services through a writ petition. Thereafter, Smt. Lakshmi Devi filed an appeal on 26.2.1977 to the Director of Higher Education against the order terminating her services on 27.1.1975. On 22.4.1977, the Joint Director of Higher Education allowed the appeal filed by Smt. Lakshmi Devi on the technical ground that prior permission of the competent authority was not .obtained before terminating her services on 27.1.1975. The T.T. Devasthanam declined to accept the order of the Joint Director of Higher Education allowing the appeal of Smt. Lakshmi Devi and filed a revision petition before the Government challenging the correctness of the order of the Joint Director of Higher Education. It appears, Smt. Lakshmi Devi was not reinstated because of the above revision petition filed. On 20.9.1977, Smt. Lakshmi Devi filed Writ Petition No.3566 of 1977 in this Court praying inter alia for reinstatement in the post of Principal of Sri Padmavathi Women's College, Tirupati, with all benefits of seniority, pay, increments, other perquisites and backwages. On a miscellaneous petition bearing No.5065 of 1977 filed by her in the above writ petition, this Court passed an interim order directing the T.T. Devasthanam to reinstate Smt. Lakshmi Devi as Professor, although she prayed for reinstatement as Principal. Pursuant to the above direction of this Court, Smt. Lakshmi Devi was reinstated on 24.9.1977 as Professor of Economics. This writ petition was disposed of on 26.2.1979 by Mrs. Amareswari, J. It would be appropriate to extract the following operative portion from the judgment of Mrs. Amareswari, J.: