E. A. Thomas v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 13[TH] DAY OF OCTOBER 2022 / 21ST ASWINA, 1944** ## **WP(C) NO. 19752 OF 2010** ## **PETITIONER:** E.A.THOMAS, S/O.E.I.ANTONY, AGED 60 YEARS, PRINCIPAL, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, PAVARATTY (RESIDING AT EMMATTY HOUSE, P.O.MATTOM,, THRISSUR DISTRICT - 609 602). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA ## **RESPONDENTS:** - 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. - 2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-1. - 3 THE ACCOUNTANT GENERAL (A & E) KERALA THIRUVANANTHAPURAM-39. - 4 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM-24. - 5 THE CORPORATE MANAGER CORPORATE EDUCATIONAL AGENCY OF CARMELITE SCHOOLS, PRIOR GENERAL'S HOUSE, P.B.NO.1056, KARIKKAMURI, KOCHI- 682 011. SRI.K.M. FAISAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19752 OF 2010 2 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C).No. 19752 of 2010** **---------------------------------------------Dated this the 13[th] day of October, 2022** # **JUDGMENT** The above writ petition is filed with the following prayers: _“i) declare that the Petitioner is entitled to get pay and allowances and pensionary benefits for the post of Principal since he was working as such._ _ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to disburse pay and allowances to the Petitioner for the period he was working as Principal._ _iii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to revise the pensionary benefits of the Petitioner by reckoning the period of his service as Principal with attendant benefits._ _iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.”[SIC]_ WP(C) NO. 19752 OF 2010 3 2. Petitioner retired from service as Principal of St. Joseph's Higher Secondary School, Pavaratty. It is the case of the petitioner that, at that time, no one was qualified to hold the post of Principal. According to the petitioner, he was not granted the pay and allowances to the post of Principal. It is the further case of the petitioner that, granting the benefits attached to the post of Principal would not cause any financial burden to the Government. It is also stated that, no other person claimed the post of Principal. It is the definite case of the petitioner that the monetary benefits attached to the post of Principal is denied to the Petitioner for want of post graduation. According to the petitioner, it is an admitted fact that the petitioner has discharged the duties and responsibilities of the Principal to the full satisfaction of the respondents. In the above circumstances, petitioner pray for the pay attached to WP(C) NO. 19752 OF 2010 4 the post of Principal and also the retirement benefits accordingly. Hence this Writ Petition is filed. 3. Heard counsel appearing for the petitioner and the learned Government Pleader. 4. Counsel for the petitioner submitted that, in the light of the Full Bench decision of this Court in _**Aided**_ _**Higher Secondary School Teachers Association v. State of Kerala**_ [2005 (1) KLT 94] and the consequent order passed by the Government as G.O(MS) No.11/06/G.Edn., the petitioner is entitled for the benefit. 5. The learned Government Pleader takes me through the counter affidavit filed by the 3[rd] respondent and submitted that, in the General Education Department in Kerala, there is no post in the cadre of Principal. 6. This Court considered the contention of the WP(C) NO. 19752 OF 2010 5 petitioner and the Government Pleader. It will be better to extract the relevant portion of the Full Bench decision ## in _**Aided Higher Secondary School Teachers Association**_ 's case (supra). _“8. It is pointed out that some of the Headmasters who were qualified as on the date of coming into force of the Rules, though not appointed in the ratio prescribed as Per the Rules, and are continuing even today should be given an equitable relief. It is true that Headmasters who were redesignated as Principals on the basis of ad hoc orders and are not educationally qualified, have to go back as Headmasters. They will continue as Headmasters of High School Division upto standard 10 and they cannot aim to be the Principals of Higher Secondary Schools. But those Headmasters who are educationally qualified when Special Rules framed and are continuing as Principal even today shall be allowed to continue, but their ratio has to be adjusted in the subsequent or other vacancies. But that benefit is not available to those Headmasters Who are not continuing as on today as Principals and those Headmasters who were not educationally qualified when relevant rules came into force. After framing of the rules recruitment has to be_ WP(C) NO. 19752 OF 2010 6 _made strictly as per the statutory rules. Hence those persons appointed or placed as Principals after statutory rules came into force have to vacate the office. We also make it clear that the post of Principal is compulsory in the Higher Secondary Schools as without the head of the institution, it cannot function. Post of Principal is an essential pivotal post. Therefore, Government is directed to give sanction and approval to the post of Principal expeditiously so that no Higher Secondary School shall work without a regular Principal. That post is made compulsory as per the Rules and classified as category No.I. We also direct the Managers to make appointment of Principal strictly on the basis of the rules framed as per Chapter XXXII and submit the matter for approval to the Government. It is for the Government to fix the scale of pay of Principal. It can be on a special scale of pay or special allowance to that of a Senior Higher Secondary School Teacher in category No.II. These are matters of policy and we are not making any direction regarding fixation of scale of pay. If the appointments are made as per the Rules, that should be approved, if not already approved. The services of Headmasters who are continuing without the requisite qualification as prescribed under Chapter XXXII on the date of coming into force of the Rules, should be, terminated forthwith and they will go back as Headmasters. Management_ WP(C) NO. 19752 OF 2010 7 _and Educational Authority are also directed to see that appointments are made strictly as per he Rules after enforcement of the Statutory Rules. ”_ 7. Based on the above direction, the Government passed G.O(MS) No.11/06/G.Edn. dated 06.01.2006. After hearing both sides, I think the petitioner can submit a representation before the Government and the Government can consider whether the petitioner can be given the benefit in the light of the Full Bench decision and the subsequent Government order. Therefore, this writ petition can be disposed of directing the Government to consider the representation submitted by the petitioner, within a time frame. Hence, this writ petition is disposed of in the following manner: i) The petitioner is free to submit a representation before the 1[st] respondent narrating the grievance raised in this writ petition, within a period of WP(C) NO. 19752 OF 2010 8 one month from the date of receipt of a copy of this judgment. ii) Once such a representation is received by the 1[st] respondent, the 1[st] respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the representation. iii) While considering the representation, the 1[st] respondent will consider the applicability of the Full Bench decision in _**Aided Higher Secondary School Teachers Association v. State of Kerala**_ [2005 (1) KLT 94] and the subsequent order passed by the Government. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO. 19752 OF 2010 9 ## **APPENDIX OF WP(C) 19752/2010** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF PETITIONER DATED 01-04-1992 EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FIXATION DATED 01-04-1992 EXHIBIT P3 TRUE COPY OF THE G.O. (MS.) NO. 248/2000/G.EDN. OF THE GOVERNMENT DATED 26-07-2000 EXHIBIT P4 TRUE COPY OF THE G.O. (RT.) NO. 3390/2000/G.EDN. OF THE GOVERNMENT DATED 14-08-2000 EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE AUDIT REPORT OF THE 2ND RESPONDENT DATED NIL EXHIBIT P6 TRUE COPY OF THE AUDIT REPORT OF THE ACCOUNTANT GENERAL DATED 18-05-2008 EXHIBIT P-6 (A) TRUE COPY OF THE RELEVANT PAGE OF THE AUDIT REPORT DATED NIL EXHIBIT P7 TRUE COPY OF THE LETTER OF THE REGIONAL DIRECTOR DATED 23-08-2007 EXHIBIT P8 TRUE COPY OF THE CONTINGENT BILL DATED NIL RESPONDENTS EXHIBITS: NIL //TRUE COPY// **==> picture [159 x 8] intentionally omitted <==**