MINIMOLE C Vs. STATE OF KERALA

JUDGEMENT

(1.) The filling up of a post of High School Assistant (English) has resulted in a tug between the petitioner who is a fresh appointee, with Post Graduation and B.Ed in English and protected teachers who have been deployed from the school and working as HSA in core subjects.

(2.) The vacancy arose in a High School on 01/06/2007 consequent on the promotion of Smt. T. L. Gracykutty, HSA as Headmistress. The Manager appointed the petitioner as HSA (English) in the promotion vacancy. The promotion of the Headmistress was approved as per order dated 03/07/2007 by the District Educational Officer.

(3.) Ext. P3 is the staff fixation order for the year 2007-08. In HSA (English) one post has been sanctioned. The District Educational Officer mainly pointed out two reasons for rejecting the grant of approval. Those are, (a) that the vacancy should be filled up by appointing a protected teacher of another aided school and, (b) that the vacancy has to be filled up by recalling a protected teacher in HSA (Core subject) as two protected teachers of the same school Shri C. T. Symon, HSA (SS) and Shri. K. J. Prasad Kumar, HSA (Maths) are available. In the appeal filed by the Manager, the said view has been confirmed and the revision filed before the Director of Public Instruction resulted in Ext. P8 order, reaffirming the same. A revision petition was filed by the petitioner before the Government and overruling the objections and arguments raised by the petitioner, the Government also took the view in Ext. P10 that the vacancy should have been filled up by a protected teacher from HSA (Core subjects).