USHA DEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Common questions arise in these three Writ Petitions. When O.P. No. 31283 of 2000 had come up for hearing, a learned single Judge had referred the matter for decision by the Division Bench, and the two other cases also got posted along with them. Mr. Justice Gafoor had been invited to the decisions in Rehelamma v. State of Kerala ( 1997 (2) KLT 429 ) and Manager, Mar Sleeba U.P. School v. State of Kerala ( 1990 (1) KLT 626 ) as confirmed by W.A. No. 207 of 1990 which has laid down that a retrenched teacher, though on protection, on going back to the school was obliged to surrender seniority, in favour of subsequent appointees. The learned Judge was of the opinion that the said line of decisions required a fresh look, as the quoted decisions had not taken note of the circumstance that such a protected teacher came back and continued in the school, on the basis of the original appointment order, and the effect thereof might be a legal fiction that the date of appointment remained unaltered.

(2.) However, on the facts of the present cases, we are of the opinion that they could be disposed of without going to the above aspect or by making a reference to a Full Bench, and the question posed could be reserved to be agitated in a more appropriate case.

(3.) O.P. No. 31283 of 2000 is filed seeking for quashing the order of the Educational Authorities, whereunder petitioners claim for promotion has been negatived. O.P. No. 11107 of 2001 concerns the rival claims of two teachers of N.S.V. High School, Kollam for seniority and consequent eligibility for being appointed as Headmistress of the school. The brief facts are as following: