Kurian Joseph, J.

The question to be decided in these two cases is whether a teacher temporarily promoted as Headmaster in the absence of a qualified teacher under R.45C of Chap.XIV-A KER is entitled to the scale of pay attached to the post of Headmaster.

2. In order to understand the legal position it is necessary to appreciate the factual background. Therefore, reference is made to the facts of the former case.

3. The petitioner Smt. Radha entered service as LPSA on 8.6.1966. There arose a vacancy of Headmistress in the school under the third respondent on 22.11.1996. There were no qualified hands available for promotion. Petitioner was the seniormost teacher. To quote from the counter affidavit at paragraph 4, "since no qualified teachers for the Headmaster post were available in the school the appointment of Smt. A.G. Radha, the senicrmost teacher was approved as Headmistress temporarily with effect from 22.11.96 under R.45C Smt. A.G.Radha has more than 30 years of qualifying service as LPSA at the time of appointment as Headmistress, her pay was fixed at Rs.2,600/- in the Headmaster's scale of Rs. 1640-2900 with effect from 22.11.1996. Headmaster's Higher Grade was al