Judgment :-

Radhakrishnan, J.

The question that has come up for consideration in this case is whether a retrenched teacher who was relieved from the post of UPSA and on protection could claim the post of Headmistress in the school on the plea that she has got a lien in the school.

2. The writ petitioner was appointed as a UPSA on 8-6-1976 and the appointment was approved. She was continuing in the school without break. The Headmistress of the school retired from service on 31-3-2001 and consequently a vacancy arose on 1-4-2001. Petitioner was the senior-most UPSA. However, at the time she was not qualified for promotion as Headmistress. She had not passed the prescribed departmental test. There was no other qualified teacher in the staff of the school as on 1-4-2001. Manager therefore posted her as teacher-in-charge with effect from 1-4-2002. On 24-6-2001 she attained the age of fifty and was therefore, permanently exempted from acquiring test qualification. Manager therefore passed an order appointing her as Headmistress of the school with effect from 24-6-2001. Manager forwarded the appointment order to the Assistant Educational Officer for approval. No order was passed by the Assis