P K HIGH SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the Manager of a High School and petitioners 2 to 5 are teachers working therein. As the proposal for approval of appointment of the teachers stands rejected, this Writ Petition has been filed. Ext. P7 is the order under challenge. The reason stated therein to reject the approval is that the Manager has to absorb a protected teacher in the high school section, as it is a newly upgraded one.

(2.) Petitioners 2 and 4 have been appointed by promotion from the post of U.P.S.A. as H.S.A. (Physical Science) and H.S.A. (Natural Science). The said vacancies arose when Shri V. Sivan, H.S.A. (Physical Science) retired on 30.6.2008 and Shri A.K. Sreekumaran, H.S.A. (Natural Science) retired on 31.3.2009. In the consequential vacancies petitioners 3 and 5 have been appointed as U.P.S. As. with effect from 1.7.2008 and 1.6.2009 respectively.

(3.) The petitioners' case is that petitioners 2 and 4 are claimants for promotion under R. 43 of Chapter XIV-A K.E.R. Various Government Orders providing for absorption of protected hands are specific that the same is subject to the right of claimants under Rr. 43 and 51 A. Exts. P8 to P17 are relied upon in this context. It is submitted that the Government Orders, if any, providing for preference for appointment of protected teachers, cannot go against the statutory provisions, viz. Rr. 43 and 51 A of Chapter XIV-A K.E.R. Therefore, the claimants under R.43 have got a better right for promotion. It is pointed out that the U.P. School, viz. the pre upgraded school was established prior to 1979. Therefore, R.6 (viii) of Chapter XIV-A or the Government Orders with regard to the absorption of protected teachers, cannot have any application for filling up of vacancies in the pre upgraded portion of the U.P. School and the appointment of petitioner 3 and 5 have therefore to be approved.