NEETHA GEORGE MALIAKKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as HST (Mathematics) in St.Joseph Higher Secondary School, Kizhakkambalam - the 5th respondent, is aggrieved by the denial of approval to her appointment.

(2.) Petitioner was appointed as HST (Mathematics) as per Ext.P1 order dated 01.06.2017. The said appointment was made against an anticipated additional vacancy for the academic year 2016-17. As per Ext.P2 order dated 26.09.2017 the DEO declined approval for the same on the ground that additional division vacancy should have been filled up appointing a protected teacher, following the ratio of 1:1 between protected teacher and fresh hand. In the meanwhile, the Manager had as per Ext.P3 order dated 01.06.2016 promoted one Smt.Unni Rani Joseph, who was working as a UPST in the School as HST (Mathematics) against the anticipated additional division vacancy of the year 2016-17 with effect from 01.06.2016. Approval was not granted to the same, as claimants under Rule 43 also were not having any right against additional division vacancies as per rules existed then. While so, a regular vacancy of HST arose on promotion of Smt.C.V.Mary as Headmistress with effect from 01.06.2017. Thereupon the Manager accommodated Smt.Unni Rani against that vacancy and her promotion was approved. While so, rules were amended enabling promotion under Rule 43 against additional division vacancies. Consequent to this the appointment of Smt.Unni Rani Joseph against the additional division vacancy of 2016 was granted approval as per endorsement dated 19.07.2019 in Ext.P3 order with effect from 15.07.2016.

(3.) When the DEO approved the appointment of Smt.Unni Rani Joseph from 15.07.2016 as per endorsement in Ext.P3 in July 2019 against the additional division vacancy, the Manager issued Ext.P10 order on 22.07.2019 shifting the petitioner to the promotion vacancy of Smt.C.V.Mary with effect from 01.06.2017. However the DEO declined approval to the same on the ground that petitioner has not passed K.TET, treating her appointment as one made in 2019. This writ petition is filed at that stage challenging Ext.P13 order.