LAWS(KER)-2010-10-271

SUSAN KURUVILA Vs. DIRECTOR OF PUBLIC INSTRUCTION

Decided On October 19, 2010
SUSAN KURUVILA,W/O.REV.JACOB K.IDICULA, Appellant
V/S
DIRECTOR OF PUBLIC INSTRUCTION, Respondents

JUDGEMENT

(1.) The petitioner was working as Upper Primary School Assistant in CMS Higher Secondary School,Kuzhikkala, an aided school managed by 6 respondent. The petitioner was appointed with effect from 1.6.2010 in a regular vacancy. It is also stated that she was appointed earlier as LPSA in a leave vacancy in CMS LP School, Nedumpuram, under the same educational agency for the period from 19.6.2006 to 5.9.2008 and that appointment was approved. Thus, the petitioner claims a preferential claim for appointment under Rule 51A of Chapter XIV A Kerala Education Rules.

(2.) It is stated that Johnson K.A.(respondent No.7) also commenced his aided school service with effect from 19.6.2006 to 4.6.2008. Thus, it is seen that the petitioner as well as respondent No.7 commenced service on the same day, namely, 19.6.2006. It is contended that as per Note 1 to Rule 51A of Chapter XIV A Kerala Education Rules, the petitioner has preferential claim over the claim of 7 respondent, the petitioner being older in age. Recognizing his claim, the Corporate Manager appointed the petitioner in a leave vacancy as LPSA in CMS LP School, Pallom, for the period from 10.6.2008 to 4.6.2011 and that appointment was approved by the Educational Officer as per Ext.P2. It is submitted that in view of the approval as evidenced by Ext.P2, the petitioner is entitled to continue as LPSA up to 4.6.2011.

(3.) The grievance of the petitioner is that while she was working as LPSA, in CMS LP School, Pallom, she was shifted by the Manager to a retirement vacancy in CMS LP School, Kurumpanadam on daily wage basis from 1.6.2009 to 31.3.2010, as per Ext.P3 order. CMS LP School, Kurumpanadam is an uneconomic school and as per Exts.P4 and P5 Government Orders, appointment could not be made in such a school except by deploying protected teacher. It is contended that the Manager did so, only to favour respondent No.7. Respondent No.7 was appointed by the Manager in the place of the petitioner in CMS LP School, Pallom with effect from 1.6.2009 to 4.6.2011, as per Ext.P6 order. The petitioner approached the Manager and submitted her grievance. The petitioner also submitted Ext.P7 representation dated 26.3.2010, to the Assistant Educational Officer, Kottayam east. Thereafter, the Manger transferred the petitioner as UPSA to CMS College Higher Secondary School, Kottayam for the period from 1.7.2009 to 4.6.2011 in a transfer vacancy, as per Ext.P8 order of appointment. Ext.P8 order of appointment was rejected by the Deputy Director of Education, as per Ext.P9 order dated 20.7.2010. The Manager accommodated the petitioner in a regular vacancy of UPSA in CMS Higher Secondary School, Kuzhikkala with effect from 1.6.2010, as per Ext.P10 order of appointment. Ext.P10 order of appointment is not approved so far.