BHANUMATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) Fifth respondent in O. P. No. 4778 of 1993 along with the Manager of the Thekkummuri High School, Puthenchira, has preferred W. A. No. 1304 of 1999 and the petitioners in O.P.No. 6894 of 1993 have preferred W. A. No. 1302 of 1999. Question that has come up for consideration is as to who is the rightful claimant for the vacancy of HSA which arose in the Thekkummuri High School on 20.7.1988.

(2.) Short facts which are necessary for the disposal of these appeals are as follows. Petitioner in OP No. 4778 of 1993, by name P. K. Lekha, was earlier appointed in the School as HSA (Physical Science) for the period from 11.9.1984 to 8.12.1984 in a maternity leave vacancy, and that appointment was approved by the District Educational Officer vide order dated 18.4.1985. She was again appointed in another leave vacancy from 4.1.1985 to 5.3.1985. However, approval was not granted since the leave granted was only less than 30 days. Leave vacancies arose in the School for the period from 2.1.1986 to 31.8.1986 and from 1.1.1987 to 31.3.1987 in the Post of High School Assistant. Manager, however, appointed the second petitioner in O. P. No. 6894 of 1993, one Sunil Babu, a Social Studies Graduate teacher, in those vacancies. Appointment was approved by the District Educational Officer. Lekha was unaware of the said appointments. During the academic year 1987-88, there arose a leave vacancy in the U.P. Section of the School from 1.6.1987 to 28.8.1987. In that vacancy also, the Manager appointed Sunil Babu.

(3.) In the academic year 1988-89 there arose a vacancy of HSA in the High School Section. On the guise that Sunil Babu was a R.43 claimant, Manager appointed him in that vacancy with effect from 20.7.1988. On coming to know of the irregular appointments effected by the Manager, especially in the vacancy which arose on 20.7.1988, Lekha filed a petition before the District Educational Officer dated 30.9.1988 which was however rejected by the District Educational Officer vide his order dated 28.3.1989. Aggrieved by the said Order Lekha preferred appeal before the Director of Public Instruction. Director of Public Instruction issued notice to all the affected parties, including Sunil Babu. After elaborately considering the service details, minimum subject requirement, and also internal ratio, Director allowed the appeal finding that Lekha was the rightful claimant for the post to which Sunil Babu was appointed. According to the Director Manager has failed to satisfy the minimum subject requirement, as provided in R.43 of Chap.14A of the K.E.R. by accommodating Sunil Babu. Further a direction was given by the Director to take disciplinary action against the Manager for irregular appointments. Aggrieved by the Order of the Director, Manager preferred revision before the Government. On the basis of direction issued by this Court, Government disposed of the revision. Government upheld the earlier appointments of Sunil Babu. However, it was found that the promotion given to him as HSA in the vacancy which arose on 20.7.1988 was irregular. Government found that at the time of first appointment of Sunil Babu and subsequent appointments there was dearth of Physical Science teacher. Claim of Lekha was rejected on the plea that the vacancy ought to have gone to a Mathematics hand. Aggrieved by the order of the Government, as we have directly stated, Lekha filed O.P.No. 4778 of 1993 and Sunil Babu and the Manager filed O.P.No. 6894 of 1993. Learned Single Judge after hearing the entire matter upheld the claim of Lekha and found that she was the rightful claimant for the vacancy of HSA which arose in the school on 20.7.1988. Writ Petition filed by Lekha was allowed and the orders passed by the DEO and the Government were quashed. Writ Petition preferred by Sunil Babu and the Manager was dismissed.