SMITHA JOHNY Vs. JOSNY VARGHESE

JUDGEMENT

(1.) The Respondent No. 1 herein sought a direction from the educational authorities to promote her as High School Assistant (English), hereinafter referred to as "HSA (English)", in a vacancy which, according to her, had arisen on 1st April, 2005. One Smitha Johny, who was not initially impleaded in the writ petition, got herself impleaded as Respondent No. 5 and has filed the Special Leave Petition questioning the judgment and order dated 20th June, 2006, passed by the Kerala High Court at Ernakulam in Writ Appeal No. 1925 of 2005 and order dated 2nd August, 2006, passed by the said High Court in Review Petition No. 568 of 2006.

(2.) As mentioned hereinabove, the Respondent No. 1, writ petitioner, who was serving in St. Georges High School, Arakkunnam, as Upper Primary School Assistant, hereinafter referred to as "UPSA", claimed promotion to a vacancy, which, according to her, had occurred in HSA (English) on 1st April, 2005. On the other hand, the Petitioner was appointed as Lower Primary School Assistant, hereinafter referred to as "LPSA", on 21st June, 2000, in the said School and was serving in such capacity throughout. At the time of entering into service, the Petitioner was a graduate in English and had also obtained Teachers Training Certificate (TTC). Subsequently, the Petitioner also acquired a B.Ed. degree in English from the Kerala University.

(3.) The Writ Petitioner/Respondent No. 1 claimed that she was a graduate in the English language and had a B.Ed. degree and was, therefore, fully qualified to be promoted to the post of HSA (English) in terms of the aforesaid Government Order. It is also her case that one post of HSA (English) had been sanctioned in terms of the staff fixation order for the year 2004-05. However, one Smt. Alice Mathew, HSA (Social Science) who was not qualified as HSA (English), had been permitted to continue in the post of HSA (English) to avoid retrenching her. In the meantime, Smt. Lissy George K., Head Mistress of the School took voluntary retirement with effect from 31st March, 2004. Smt. Alice Mathew, being the senior-most HSA, was accommodated against that vacancy.