MYTHILI Vs. STATE OF MYOSRE

JUDGEMENT

(1.) The petitioner was formerly working as a teacher in Primary School. By the memo dated 17-10-1962 (marked as Exhibit 'B') issued by the Deputy Director of Public Instruction, Chitradurga, she was temporarily promoted as Tailoring Instructor (the name of the post is used uniformly irrespective of the sex of the incumbent) and posted to the Government high School, Shantigrama, Hassan District. By the memo dated 19-10-1965 (marked as Exhibit 'D') issued by the Director of Public Instruction in Myosre, respondent-17 was appointed as Tailoring Instructor and posted to the Government High School at Shantigrama in the place of the petitioner. In this petition under Article 226 of the Constitution, the petitioner has challenged the memo (Exhibit 'D') by which she was sought to be replaced by respondent-17.

(2.) After filing this petition, the petitioner made an application for an interim order staying the operation of the impugned memo. But, before any order could be made on such application, she was relieved from the post of Tailoring Instructor in Government High School at Shantigrama and respondent-17 took charge of that post.

(3.) Respondent 4 to 38 were serving as Crafts Teachers and Assistant Crafts Teachers in the Department of Industries and Commerce. When those posts were abolished, the Governor in exercise of the power under the proviso to Article 309 of the Constitution, made rules called "The Mysore Absorption of Instructors and Assistant Instructors in Tailoring Rules, 1965" which were published by the Notification dated 29-5-65 (marked Exhibit 'C'). Rule 2 of these Rules provides that notwithstanding anything contained in the Mysore State Civil Service (General Recruitment) Rules, 1958, and the orders fixing the general qualification for Instructor and Assistant Instructor in Tailoring, the persons mentioned in column 2 of the Schedule to corresponding entry in column 3, with effect from the date of he Notification, be deemed to have been absorbed in the category of posts in the Mysore Education Department mentioned in the corresponding entry in column No. 4 thereof.