STATE OF KERALA Vs. C.R.LEKHA

JUDGEMENT

(1.) This appeal is filed by the State and its officers challenging judgment dated 14/10/2019 in WP(C) No.26983/2017. The first respondent herein filed the writ petition challenging Ext.P7 by which her claim for approval as UPSA from 1/6/2009 had been rejected by the District Educational Officer. She sought for a direction to approve her service as LPSA from the aforesaid date and to sanction all consequential benefits.

(2.) The short facts involved in the case would disclose that the Manager of the School appointed the petitioner as LPSA on 1/6/2009. Her appointment was not approved on the ground that it was an uneconomic school. The said finding was upheld by the Government. The Manager filed WP(C) No. 36032/2010 before this Court and by judgment dated 19/6/2017, this Court found that since the staff fixation order indicates four class divisions, the District Educational Officer should reconsider the approval of her appointment. It is pursuant to the same that Ext.P7 order had been passed.

(3.) The District Educational Officer filed a counter affidavit stating that in the staff fixation of the school for the year 2009- 10, it was found that the LP section of the school is uneconomic. It was inter alia stated that as per Government Orders dated 12/10/2006 and 18/5/2007, vacancies in uneconomic schools have to be filled up by the Manager either by appointing protected teachers or the teacher should be appointed on daily wages. It is stated that a vacancy had arisen in the school on 1/6/2009. The Manager did not request for a protected teacher under the category of LPSA from the Deputy Director of Education. Petitioner's appointment has been approved w.e.f. 1/6/2011 by including her name in the teachers package.