RAGHAVA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner appointed the second petitioner on 1.8.2000 as High School Assistant (Hindi). That appointment was approved by the 3rd respondent. But the 4th respondent objected. Fourth respondent is a peon in the school managed by the first petitioner. The 4th respondent claims promotion to that post under Note 1 of R.1 of Chap.14A KER and contend that no outsider like the second petitioner can be appointed. The 4th respondent is qualified to hold the post of High School Assistant (Hindi). This contention was found to be sustainable by the second respondent who reversed the approval order granted to the appointment of the 2nd petitioner, as per Ext. P6. The petitioners have approached this Court challenging Ext. P6. The petitioners have also filed Ext. P7 revision petition. When this case came up for hearing, the parties agreed that as the matter involves only interpretation of the rules, it can be heard by this Court notwithstanding the pendency of the revision petition.

(2.) It is contended by the 4th respondent that Ext. P6 order is perfectly justified in terms of Note 1 to R.1 of Chap.14A KER and that the issue is covered by the decisions of this Court in Reghu v. State of Kerala ( 1993 (2) KLT 82 ), in Reghu v. State of Kerala ( 2000 (2) KLT 29 ). In these decisions claim for promotion of a member of non teaching staff had been recognised on the strength of the aforesaid provision. Note 1 to R.1 of Chap.14A KER reads that

(3.) But the posts in question here is that of a language teacher viz., High School Assistant (Hindi). Promotion to that post is specifically covered by a special provision in R.43B Chap.14A KER. The said Rule provides that a post of full time High School Assistant in any particular language shall be filled up by promotion from among the feeder categories in the order of preference mentioned in that rule. The feeder categories are lower grade language teachers, part time High School Assistants, other lower grade language teachers, regular primary teachers, craft and specialist teachers etc.,. In R.43, general provision dealing with promotion, no feeder category is mentioned. That means qualified persons in any category can be promoted to the Higher Grade.