BEENA PAUL, HIGHER SECONDARY Vs. STATE OF KERALA, DIRECTOR OF HIGHER SECONDARY AND MANAGER, ST JOHNS HIGHER SECONDARY

JUDGEMENT

(1.) The Petitioner's appointment as Higher Secondary School Teacher has been approved with effect from 1.10.2001 and the Petitioner seeks for approval from 1.8.2000, the date on which the vacancy has arisen. The appointment was to the post of HSST Hindi. It is averred in paragraph No. 1 of the Writ Petition that the post of HSST (Hindi) was sanctioned along with other posts with effect from 1.8.2000. The Government by Exhibit P2 order introduced passing the State Eligibility Test (SET) as an additional qualification. It was specified in the said order that as an interim measure appointments to Higher Secondary School Teachers during the year 1999-2000 and 2000-2001 can be made from the candidates having the required educational qualifications subject to the condition that such candidates should pass the SET within a period of two years from the date of appointment.

(2.) Initially, the appointment of the Petitioner was made as per Exhibit P7 order from 1.10.2001. The order of approval has been produced as Exhibit P23 wherein the Director of Higher Secondary Education granted approval of the appointment from 1.10.2001 to 14.7.2005.

(3.) The Petitioner had been seeking for approval from 1.8.2000. In respect of another teacher Smt. D. Retnamony who was also similarly appointed, by Exhibit P12 judgment, this Court upheld her claim from the date of occurrence of vacancy. This Court accepted the principle that the Petitioner therein is entitled to have her claim considered from date of occurrence of vacancy. In accordance with the said judgment, the Manager appointed Smt. D. Retnamony as per Exhibit P13 order with effect from 1.8.2000. It is submitted that the said appointment has been approved already. Claiming the benefit of the said judgment, the Petitioner also approached the Manager and thereafter the Manager issued an order as per Exhibit P15 whereby the Petitioner is appointed with effect from 1.8.2000. It is pointed out that earlier the Petitioner had approached this Court by filing O.P. No. 27434/2000 wherein this Court directed the Manager to consider her claim. Accordingly, the order was passed by the Manager.